PART 5Bail

Application of this Part to Scotland44.

This Part applies to Scotland with the following modifications—

(a)

in rule 37, for paragraph (4) substitute—

“(4)

Where the proceedings concern forfeiture of bail, the parties are the Secretary of State and any person who entered into the bail bond in question, whether that is the bail party or cautioner.”

(b)

in rule 38—

(i)

for paragraph (2)(d) substitute—

“(d)

forfeiture of bail.”;

(ii)

for paragraph (3)(d) substitute—

“(d)

the amount, if any, deposited or to be deposited if bail is granted;”;

(iii)

for paragraph (3)(f) substitute—

“(f)

the full name, address, date of birth and any occupation of any person acting or offering to act as a cautioner if the application for bail is granted, and the amount, if any, deposited or to be deposited;”; and

(iv)

for paragraph (4) substitute—

“(4)

Where the application is for forfeiture of bail, paragraph (3) applies with the exception of sub-paragraphs (a)(iii) and (b), (c), (e) and (g) of that paragraph”;

(c)

in rule 41, for paragraphs (2), (3) and (4) substitute—

“(2)

Where bail is granted, varied or continued, the notice must state any bail conditions, including the amounts (if any) to be deposited by the bail party and any cautioners.

(3)

Where bail is refused or where the Tribunal orders forfeiture of bail, the notice must include reasons for the decision.

(4)

Where, instead of granting or refusing bail, the Tribunal fixes the amount and conditions of bail with a view to a bail bond being entered into subsequently before a person specified by the Tribunal, the notice must include the matters stated in paragraph (2) and the name or office of the person so specified.”;

(d)

for rule 42 substitute—

“Bail bond42.

(1)

Any bail bond of a bail party or cautioner must be in writing and, where the deposit of money is required as a condition of bail, must state—

(a)

the amount to be deposited; and

(b)

that the bail party and any cautioner understand that, if the bail party fails to answer to bail, all or part of the amount deposited may be forfeited.

(2)

The bail bond must be signed by the bail party and any cautioner and provided to the Tribunal, and a copy provided to—

(a)

the parties,

(b)

any person having custody of the bail party, and

(c)

any cautioner.”

(e)

in rule 43, for sub-paragraph (b) substitute—

“(b)

being—

(i)

provided with the notice of decision fixing the amount and conditions of the bail, and

(ii)

satisfied that the amount, if any, to be deposited in accordance with those conditions has been deposited.”.