EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations give effect in Scotland to the European Union Framework Decision on mutual recognition of decisions on supervision measures as an alternative to provisional detention. In Scots law terms, supervision measures as an alternative to provisional detention means pre-trial bail.

Schedule 1 deals with cases where a Scottish court requests that another EU member State monitor bail conditions imposed in Scotland while the accused person subject to the conditions is in the other State’s territory.

Conversely, Schedule 2 deals with cases where another EU member State requests that a person’s compliance with supervision measures imposed in that other State is monitored while the person is in Scotland.