- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (31/03/1996)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/04/1996
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Criminal Procedure (Scotland) Act 1975, Section 446 is up to date with all changes known to be in force on or before 15 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F1(1)If an appellant under section 444 of this Act is in custody, the court may—
(a)grant bail;
(b)grant a sist of execution;
(c)make any other interim order.]
(2)An application for [F2bail] shall be disposed of by the court within 24 hours after such application has been made. The appellant, if dissatisfied with the [F3conditions imposed], or on refusal of [F2bail], may, within 24 hours after the judgment of the court, appeal thereagainst by a note of appeal written on the complaint and signed by himself or his solicitor, and the complaint and proceedings shall thereupon be transmitted to the Clerk of Justiciary, and the High Court or any judge thereof, either in court or in chambers, shall, after hearing parties, have power to review the decision of the inferior court and to grant [F2bail] on such conditions as such court or judge may think fit, or to refuse [F2bail].
(3)No clerks’ fees, court fees or other fees or expenses shall be exigible from or awarded against an appellant in custody in respect of an appeal to the High Court against the [F3conditions imposed] or on account of refusal of [F2bail] by a court of summary jurisdiction.
(4)If an appellant who has been granted [F2bail] does not thereafter proceed with his appeal, the inferior court shall have power to grant warrant to apprehend and imprison him for such period of his sentence as at the date of his [F2bail] remained unexpired, such period to run from the date of his imprisonment under such warrant [F4or, on the application of the appellant, such earlier date as the court thinks fit, not being a date later than the date of expiry of any term or terms of imprisonment imposed subsequently to the conviction appealed against].
(5)Where an appellant who has been granted [F2bail] does not thereafter proceed with his appeal, the court from which the appeal was taken shall have power, where at the time of the abandonment of the appeal the person is [F5in custody or]serving a term or terms of imprisonment imposed subsequently to the conviction appealed against, to order that the sentence or, as the case may be, the unexpired portion of that sentence relating to that conviction should run from such date as the court may think fit, not being a date later than the date on which [F6any term]or terms of imprisonment subsequently imposed expired.
[F7(6)The court shall not make an order under subsection (5) above to the effect that the sentence or, as the case may be, unexpired portion of the sentence shall run other than concurrently with the subsequently imposed term of imprisonment without first notifying the appellant of its intention to do so and considering any representations made by him or on his behalf.]
Textual Amendments
F1S. 446(1) substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 3 para. 5, Sch. 6 para. 7
F2Word substituted by Bail etc. (Scotland) Act 1980 (c. 4, SIF 39:1), Sch. 1 para. 11(a)
F3Words substituted by Bail etc. (Scotland) Act 1980 (c. 4, SIF 39:1), Sch. 1 para. 11(b)
F4Words in s. 446(4) inserted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 117, Sch. 6 Pt. I para. 149(a); S.I. 1996/517, arts. 3-6, Sch.
F5Words in s. 446(5) inserted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 117, Sch. 6 Pt. I para. 149(b)(i); S.I. 1996/517, arts. 3-6, Sch.
F6Words in s. 446(5) substituted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 117, Sch. 6 Pt. I para. 149(b)(ii); S.I. 1996/517, arts. 3-6, Sch.
F7S. 446(6) inserted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 117, Sch. 6 Pt. I para. 149(c); S.I. 1996/517, arts. 3-6, Sch.
Modifications etc. (not altering text)
C1S. 446(2) applied by Extradition Act 1989 (c. 33, SIF 48), s. 10(13)
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