Criminal Procedure (Amendment) (Scotland) Act 2004

11 S In section 32 (bail appeal)—

(a) after subsection (2) insert—

“(2A) The public prosecutor may, in relation to an accused admitted to bail under section 65(8C) of this Act, appeal under subsection (2) above only in relation to the conditions imposed on bail.”,

(b) in subsection (7), after “granted” insert “ (other than an accused to whom subsection (7B) below applies) ”,

(c) after that subsection insert—

“(7B) Where, in relation to an accused admitted to bail under section 65(8C) of this Act, the public prosecutor appeals against the conditions imposed on bail, the accused—

(a) may continue to be detained under the committal warrant for no more than 72 hours from the granting of bail or for such longer period as High Court may allow; and

(b) on expiry of that period, shall, whether the appeal has been disposed of or not, be released on bail subject to the conditions imposed.”.

Commencement Information

I1 Sch. para. 11 in force at 1.2.2005 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)