PART I The Course of Justice
Bail
5 Bail pending appeal.
1
Section 238 of the 1975 Act (admission of appellant to bail) shall be amended as follows.
2
In subsection (1), at the beginning there shall be inserted “
Subject to subsection (1A) below,
”
.
3
After subsection (1) there shall be inserted the following subsection—
1A
The High Court shall not admit a convicted person to bail under subsection (1) above unless—
a
where he is the appellant and has not lodged a note of appeal in accordance with section 233(1)(a) of this Act, the application for bail states reasons why it should be granted and sets out the proposed grounds of appeal; or
b
where the Lord Advocate is the appellant, the application for bail states reasons why it should be granted;
and, in either case, the High Court considers there to be exceptional circumstances justifying admitting the convicted person to bail.