SCHEDULE Minor and consequential amendments
7 Criminal Procedure (Scotland) Act 1995 (c.46)
1
In section 23 (bail applications) of the Criminal Procedure (Scotland) Act 1995—
a
in subsection (1)—
i
the words “which is by law bailable” are repealed; and
ii
after “any” where it second occurs there is inserted “
(other than the first)
”
;
b
in subsection (5) the words “except murder or treason” are repealed; and
c
for subsection (6) there is substituted—
6
Any person charged on complaint with an offence shall, on any (other than the first) occasion on which he is brought before a judge having jurisdiction to try the offence, be entitled to apply to the judge for bail and the prosecutor shall be entitled to be heard against any such application.
2
In section 32 (bail appeal) of that Act—
a
in subsections (1), (2), (5), (7) and (10), for the words “applicant” and “applicant’s”, wherever they occur, there are substituted respectively “
accused
”
and “
accused’s
”
;
b
in subsection (2), the words “an application for” are repealed; and
c
in subsection (7), for the words “the application” there is substituted “
bail
”
.
3
In section 33 (bail: no fees exigible) of that Act—
a
for “his” there is substituted “
a decision on bail under section 22A above, an
”
; and
b
after “such” there is inserted “
a decision or
”
.
4
In section 186 (appeals against sentence only) of that Act, in subsection (5)(b), for “temporary” there is substituted “
part-time
”
.
5
In section 194 (appeals against sentence only) of that Act, in subsection (2)(b), for “temporary” there is substituted “
part-time
”
.