PART III Bail

F123CGrounds relevant as to question of bail

(1)

In any proceedings in which a person is accused of an offence, the following are grounds on which it may be determined that there is good reason for refusing bail—

(a)

F2subject to subsection (1A), any substantial risk that the person might if granted bail—

(i)

abscond; or

(ii)

fail to appear at a diet of the court as required;

(b)

any substantial risk of the person committing further offences if granted bail;

(c)

any substantial risk that the person might if granted bail—

(i)

interfere with witnesses; or

(ii)

otherwise obstruct the course of justice,

in relation to himself or any other person;

(d)

any other substantial factor which appears to the court to justify keeping the person in custody.

F3(1A)

When determining whether there is good reason for refusing bail in summary proceedings, the court may take account of any such risk as is mentioned in subsection (1)(a) only where—

(a)

the person has previously failed to appear at a relevant diet, or

(b)

the proceedings relate to an offence under section 27(1)(a) or 150(8).

(2)

In assessing the grounds specified in subsection (1) above, the court must have regard to all material considerations including (in so far as relevant in the circumstances of the case) the following examples—

(a)

the—

(i)

nature (including level of seriousness) of the offences before the court;

(ii)

probable disposal of the case if the person were convicted of the offences;

(b)

whether the person was subject to a bail order when the offences are alleged to have been committed;

(c)

whether the offences before the court are alleged to have been committed—

(i)

while the person was subject to another court order;

(ii)

while the person was on release on licence or parole;

(iii)

during a period for which sentence of the person was deferred;

(d)

the character and antecedents of the person, in particular—

(i)

the nature of any previous convictions of the person (including convictions F4by courts outside F5Scotland);

(ii)

whether the person has previously contravened a bail order or other court order (by committing an offence or otherwise);

(iii)

whether the person has previously breached the terms of any release on licence or parole (by committing an offence or otherwise);

(iv)

whether the person is serving or recently has served a sentence of imprisonment in connection with a matter referred to in sub-paragraphs (i) to (iii) above;

(e)

the associations and community ties of the person.

F6(3)

In subsection (1A)(a), “relevant diet” means a diet of the court relating to the offence with which the person is charged—

(a)

of which the person has been given due notice, or

(b)

at which the person is required by this Act to appear.