PART III Bail

23DF1Restriction on bail in certain solemn cases

1

Where subsection (2) or (3) below applies, a person is to be granted bail in solemn proceedings only if there are exceptional circumstances justifying bail.

2

This subsection applies where the person—

a

is accused in the proceedings of a violent or sexual offence; and

b

has a previous conviction on indictment for a violent or sexual offence.

3

This subsection applies where the person—

a

is accused in the proceedings of a drug trafficking offence; and

b

has a previous conviction on indictment for a drug trafficking offence.

4

For the purposes of this section—

  • “drug trafficking offence” has the meaning given by section 49(5) of the Proceeds of Crime (Scotland) Act 1995 (c. 43);

  • “sexual offence” has the meaning given by section 210A(10) and (11) of this Act;

  • “violent offence” means any offence (other than a sexual offence) inferring personal violence.

5

Any reference in this section to a conviction on indictment for a violent or sexual offence or a drug trafficking offence includes—

a

a conviction on indictment in England and Wales or Northern Ireland for an equivalent offence;

b

a conviction in a member State of the European Union (other than the United Kingdom) which is equivalent to conviction on indictment for an equivalent offence.

6

Any issue of equivalence arising in pursuance of subsection (5) above is for the court to determine.

7

This section is without prejudice to section 23C of this Act.