Bail and Release from Custody (Scotland) Act 2023

7 Recording of reasons for granting bail in certain solemn cases S

(1) This section applies—

(a) where a person is accused of an offence in solemn proceedings and subsection (2) or (3) applies to the person,

(b) for the reporting period.

(2) This subsection applies where the person—

(a) is accused in the proceedings of an offence falling within subsection (4), and

(b) has a previous conviction on indictment for an offence falling within that subsection.

(3) This subsection applies where the person—

(a) is accused in the proceedings of a drug trafficking offence, and

(b) has a previous conviction on indictment for such an offence.

(4) An offence falls within this subsection if it is—

(a) a violent offence,

(b) a sexual offence, or

(c) a domestic abuse offence.

(5) Where the court grants bail to a person to whom this section applies, the court must—

(a) state its reasons,

(b) have those reasons entered in the record of proceedings.

(6) For the purposes of this section—

• “domestic abuse offence” means—

  (a)

  an offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018, or

  (b)

  an offence that is aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016,

• “drug trafficking offence” has the meaning given by section 49(5) of the Proceeds of Crime (Scotland) Act 1995,

• “reporting period” has the meaning given by section 6(5),

• “sexual offence” has the meaning given by section 210A(10) and (11) of the 1995 Act,

• “violent offence” means any offence (other than a sexual offence) inferring personal violence.

(7) Any reference in this section to an offence (other than a sexual offence) includes reference to—

(a) an attempt, conspiracy or incitement to commit the offence,

(b) aiding, abetting, counselling or procuring the commission of the offence.

Commencement Information

I1 S. 7 in force at 2.8.2023, see s. 18(1)