PART IIIS Bail

24 Bail and bail conditions.S

(1)All crimes and offences F1... are bailable.

(2)Nothing in this Act shall affect the right of the Lord Advocate or the High Court to admit to bail any person charged with any crime or offence.

[F2(2A)Whenever the court grants or refuses bail, it shall state its reasons.

[F3(2AA)Where the court refuses bail in any proceedings in which a person is accused of an offence, it must—

(a)state in particular—

(i)the grounds on which it determines, in accordance with section 23B(1A), that there is good reason for refusing bail,

(ii)if refusing bail solely on the ground specified in section 23C(1)(a) (substantial risk of absconding or failing to appear), its reasons for considering under section 23B(1A)(b) that it is necessary to do so, and

(iii)its reasons for considering under section 23B(1A)(b) and (2) that either it would not be appropriate to impose on the accused bail conditions subject to a requirement to submit to monitoring in accordance with Part 1 of the Management of Offenders (Scotland) Act 2019 (electronic monitoring) or that doing so would not adequately safeguard the interests of public safety or justice as mentioned in section 23B(1A)(b)(i) or (ii), and

(b)have the grounds mentioned in paragraph (a)(i) entered in the record of the proceedings.]

(2B)Where the court—

(a)grants bail to a person accused of [F4an offence falling within subsection (2C)]; and

(b)does so without imposing on the accused further conditions under subsection (4)(b)(i) below,

the court shall also state why it considers in the circumstances of the case that such conditions are unnecessary.]

[F5(2C)An offence falls within this subsection if it is—

(a)a sexual offence (having the meaning given by section 210A(10) and (11)),

(b)an offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018,

(c)an offence that is aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016,

(d)an offence under section 39 of the Criminal Justice and Licensing (Scotland) Act 2010 (offence of stalking),

(e)an attempt, conspiracy or incitement to commit an offence mentioned in paragraph (b), (c) or (d),

(f)aiding, abetting, counselling or procuring the commission of an offence mentioned in paragraph (b), (c) or (d).]

(3)It shall not be lawful to grant bail or release for a pledge or deposit of money, and—

(a)release on bail may be granted only on conditions which subject to subsection (6) below, shall not include a pledge or deposit of money;

(b)liberation may be granted by the police under [F6section 25 of the Criminal Justice (Scotland) Act 2016].

(4)In granting bail the court or, as the case may be, the Lord Advocate shall impose on the accused—

(a)the standard conditions; and

(b)such further conditions as the court or, as the case may be, the Lord Advocate considers necessary to secure—

(i)that the standard conditions are observed; F7...

F7(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The standard conditions referred to in subsection (4) above are conditions that the accused—

(a)appears at the appointed time at every diet relating to the offence with which he is charged of which he is given due notice; [F8 or at which he is required by this Act to appear]

(b)does not commit an offence while on bail;

(c)does not interfere with witnesses or otherwise obstruct the course of justice whether in relation to himself or any other person; F9...

[F10(ca)does not behave in a manner which causes, or is likely to cause, alarm or distress to witnesses;]

[F11(cb)whenever reasonably instructed by a constable to do so—

(i)participates in an identification parade or other identification procedure; and

(ii)allows any print, impression or sample to be taken from the accused;]

(d)makes himself available for the purpose of enabling enquiries or a report to be made to assist the court in dealing with him for the offence with which he is charged [F12; and

(e)where the (or an) offence in respect of which he is admitted to bail is one [F13listed in subsection (7A)(b)], does not seek to obtain, otherwise than by way of a solicitor, any precognition of or statement by the complainer in relation to the subject matter of the offence.]

(6)The court or, as the case may be, the Lord Advocate may impose as one of the conditions of release on bail a requirement that the accused or a cautioner on his behalf deposits a sum of money in court, but only where the court or, as the case may be, the Lord Advocate is satisfied that the imposition of such condition is appropriate to the special circumstances of the case.

[F14(6A)Subsection (6) above does not apply in relation to an accused admitted to bail under section 65(8C) of this Act.]

(7)In any enactment, including this Act and any enactment passed after this Act—

(a)any reference to bail shall be construed as a reference to release on conditions in accordance with this Act or to conditions imposed on bail, as the context requires;

(b)any reference to an amount of bail fixed shall be construed as a reference to conditions, including a sum required to be deposited under subsection (6) above;

(c)any reference to finding bail or finding sufficient bail shall be construed as a reference to acceptance of conditions imposed or the finding of a sum required to be deposited under subsection (6) above.

[F15(7A)For the purpose of subsection (5)(e)—

(a)“complainer” means the person against whom the offence is alleged to have been committed,

(b)the list is—

(i)an offence to which section 288C applies (certain sexual offending),

(ii)an offence to which section 288DC applies (domestic abuse cases).]

(8)In this section [F16(other than subsection (2AA))] and sections 25 and 27 to 29 of this Act, references to an accused and to appearance at a diet shall include references respectively to an appellant and to appearance at the court on the day fixed for the hearing of an appeal.

Textual Amendments

F1Words in s. 24(1) repealed (9.8.2000) by 2000 asp 9, s. 3(1)

F7S. 24(4)(b)(ii) and preceding word repealed (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 58(a), 206(1); S.S.I. 2011/178, art. 2, sch.

F8Words in s. 24(5)(a) inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 5(a); S.S.I. 2004/405, art. 2 Sch. 1 (subject to arts. 3-5)

F14S. 24(6A) inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 5(b); S.S.I. 2004/405, art. 2 Sch. 1 (subject to arts. 3-5)