Bail etc. (Scotland) Act 1980

The Criminal Procedure (Scotland) Act 1975 (c.21)

3 In section 26(2) (bail competent before committal), for the words from " liberation " to " him " substitute " bail ".

4 In section 30(2) (application for review), for " at a lower amount" substitute " on different conditions ".

5 In section 180(2) (remand for inquiry into physical or mental condition), for " bond " wherever it occurs substitute " order granting bail ".

6 In section 299(2) (application for review), for " at a lower amount " substitute " on different conditions ".

7 In section 321(3) (warrants of apprehension and search), for " public or local holiday " substitute " Saturday, a Sunday or a court holiday prescribed for that court under section 10 of the Bail etc. (Scotland) Act 1980:

Provided that nothing in this subsection shall prevent such person being brought before the court on a Saturday, a Sunday or such a court holiday where the court is, in pursuance of the said section 10, sitting on such day for the disposal of criminal business.".

8 In section 337(d) (plea of not guilty), for " without" to the end substitute " if he is not granted bail or until the accused or a cautioner on his behalf has deposited a sum of money in court where such deposit has been required as a condition of release on bail under section 1(3) of the Bail etc. (Scotland) Act 1980 ; ".

9 In section 381(2) (remand for inquiry into physical or mental condition), for " bond " wherever it occurs substitute " order granting bail ".

10 In section 444(5) (manner and time of appeal), for "interim liberation " substitute " bail ".

11 In section 446 (procedure where appellant in custody)—

(a) for " interim liberation " and " liberation " wherever they occur substitute " bail ";

(b) in each of subsections (2) and (3), for " amount of caution fixed " substitute " conditions imposed ".

12 In section 448(8) (adjustment and signature of case), for " interim liberation " substitute " bail ".

13 In section 452(5) (hearing of appeal), for " interim liberation " substitute " bail ".

14 In section 462(1) (interpretation), for the definition of " bail" substitute " ' bail' means release of an accused or an appellant on conditions, or conditions imposed on bail, as the context requires ; ".

15 In paragraph 4 of Schedule 3, after " day " wherever it occurs insert " , not including a Saturday, a Sunday or a court holiday prescribed for that court under section 10 of the Bail etc. (Scotland) Act 1980. ".