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PART IS The Course of Justice

BailS

5 Bail pending appeal.S

(1)Section 238 of the 1975 Act (admission of appellant to bail) shall be amended as follows.

(2)In subsection (1), at the beginning there shall be inserted “ Subject to subsection (1A) below, ”.

(3)After subsection (1) there shall be inserted the following subsection—

(1A)The High Court shall not admit a convicted person to bail under subsection (1) above unless—

(a)where he is the appellant and has not lodged a note of appeal in accordance with section 233(1)(a) of this Act, the application for bail states reasons why it should be granted and sets out the proposed grounds of appeal; or

(b)where the Lord Advocate is the appellant, the application for bail states reasons why it should be granted;

and, in either case, the High Court considers there to be exceptional circumstances justifying admitting the convicted person to bail..