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)
“(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.”.