Criminal Justice (Scotland) Act 1987

62 Ordaining to appear

(1) In section 328 of the 1975 Act (adjournment for inquiry)—

(a) after the words "liberate him on bail" there shall be inserted the words ", ordain him to appear"; and

(b) in the proviso, after the words "allow bail" there shall be inserted the words "or to ordain a person to appear".

(2) In section 329(1) of the 1975 Act (remand and committal of persons under 21) after the words "released on bail" there shall be inserted the words "or ordained to appear".

(3) In paragraph (d) of section 337 of the 1975 Act (procedure following plea of not guilty by accused in custody) for the words from "either" there shall be substituted the following—

“(i) if he is neither granted bail nor ordained to appear, or

(ii) if he is granted bail on a condition imposed under section 1(3) of the [1980 c. 4.] Bail etc. (Scotland) Act 1980 that a sum of money is deposited in court, until the accused or a cautioner on his behalf has so deposited that sum.”.

(4) In section 300 of the 1975 Act (bail appeals)—

(a) in subsection (1)

(i) after the word "granted" there shall be inserted the words "or where the person is ordained to appear", and

(ii) after the words "amount fixed" there shall be inserted the words "or that such person has been ordained to appear"; and

(b) after subsection (4) there shall be inserted the following new subsection—

“(4A) When an appeal is taken by the prosecutor under this section against the fact that the person has been ordained to appear, subsection (4) above shall apply as it applies in the case of an appeal against the granting of bail or against the amount fixed.”.