Act of Adjournal (Consolidation) 1988

Bail Order

Application to alter address

92.—(1) An application in writing under section 2(2) of the Bail etc. (Scotland) Act 1980 to alter the address specified in the order granting bail shall—

(a) include the following information:—

(i) identification of the proceedings in which the order was made;

(ii) details of the new address;

(iii) reasons for the proposed change of address; and

(b) be sent to the clerk of court of the court which made the order.

(2) On receipt of the application, the clerk of court shall forthwith send a copy to the prosecutor.

(3) The prosecutor shall, within 7 days of receipt of the copy of the application, notify the clerk of court in writing whether or not he intends to oppose the application.

(4) Where the prosecutor notifies the clerk of court that he does not intend to oppose the application, the court shall proceed to dispose of the application and may do so in the absence of the applicant.

(5) Where the prosecutor notifies the clerk of court that he intends to oppose the appli-cation, the clerk of court shall arrange a hearing before the court in chambers at which the applicant and the prosecutor may appear or be represented.

(6) The clerk of court shall give notice in writing, to the applicant and the prosecutor, of the decision of the court on an application made under paragraph (1) of this rule.