Criminal Procedure (Scotland) Act 1975

446 Procedure where appellant in custody. S

[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 [F2 bail] shall be disposed of by the court within 24 hours after such application has been made. The appellant, if dissatisfied with the [F3 conditions imposed], or on refusal of [F2 bail], 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 [F2 bail] on such conditions as such court or judge may think fit, or to refuse [F2 bail].

(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 [F3 conditions imposed] or on account of refusal of [F2 bail] by a court of summary jurisdiction.

(4) If an appellant who has been granted [F2 bail] 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 [F2 bail] remained unexpired, such period to run from the date of his imprisonment under such warrant.

(5) Where an appellant who has been granted [F2 bail] 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 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 the term or terms of imprisonment subsequently imposed expired.

Textual Amendments

F1 S. 446(1) substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 3 para. 5, Sch. 6 para. 7

F2 Word substituted by Bail etc. (Scotland) Act 1980 (c. 4, SIF 39:1), Sch. 1 para. 11(a)

F3 Words substituted by Bail etc. (Scotland) Act 1980 (c. 4, SIF 39:1), Sch. 1 para. 11(b)

Modifications etc. (not altering text)

C1 S. 446(2) applied by Extradition Act 1989 (c. 33, SIF 48), s. 10(13)