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the words “which is by law bailable” are repealed; and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in subsection (5) the words “except murder or treason” are repealed; and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in subsection (2), the words “an application for” are repealed; and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 ”.