- Latest available (Revised)
- Point in Time (10/10/2022)
- Original (As enacted)
Point in time view as at 10/10/2022.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Procedure (Scotland) Act 1995. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)All crimes and offences F1. . . are bailable.
(2)Nothing in this Act shall affect the right of the Lord Advocate or the High Court to admit to bail any person charged with any crime or offence.
[F2(2A)Whenever the court grants or refuses bail, it shall state its reasons.
(2B)Where the court—
(a)grants bail to a person accused of a sexual offence (having the meaning given by section 210A(10) and (11) of this Act); and
(b)does so without imposing on the accused further conditions under subsection (4)(b)(i) below,
the court shall also state why it considers in the circumstances of the case that such conditions are unnecessary.]
(3)It shall not be lawful to grant bail or release for a pledge or deposit of money, and—
(a)release on bail may be granted only on conditions which subject to subsection (6) below, shall not include a pledge or deposit of money;
(b)liberation may be granted by the police under [F3section 25 of the Criminal Justice (Scotland) Act 2016].
(4)In granting bail the court or, as the case may be, the Lord Advocate shall impose on the accused—
(a)the standard conditions; and
(b)such further conditions as the court or, as the case may be, the Lord Advocate considers necessary to secure—
(i)that the standard conditions are observed; F4...
F4(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)The standard conditions referred to in subsection (4) above are conditions that the accused—
(a)appears at the appointed time at every diet relating to the offence with which he is charged of which he is given due notice; [F5 or at which he is required by this Act to appear]
(b)does not commit an offence while on bail;
(c)does not interfere with witnesses or otherwise obstruct the course of justice whether in relation to himself or any other person; F6. . .
[F7(ca)does not behave in a manner which causes, or is likely to cause, alarm or distress to witnesses;]
[F8(cb)whenever reasonably instructed by a constable to do so—
(i)participates in an identification parade or other identification procedure; and
(ii)allows any print, impression or sample to be taken from the accused;]
(d)makes himself available for the purpose of enabling enquiries or a report to be made to assist the court in dealing with him for the offence with which he is charged [F9; and
(e)where the (or an) offence in respect of which he is admitted to bail is one [F10listed in subsection (7A)(b)], does not seek to obtain, otherwise than by way of a solicitor, any precognition of or statement by the complainer in relation to the subject matter of the offence.]
(6)The court or, as the case may be, the Lord Advocate may impose as one of the conditions of release on bail a requirement that the accused or a cautioner on his behalf deposits a sum of money in court, but only where the court or, as the case may be, the Lord Advocate is satisfied that the imposition of such condition is appropriate to the special circumstances of the case.
[F11(6A)Subsection (6) above does not apply in relation to an accused admitted to bail under section 65(8C) of this Act.]
(7)In any enactment, including this Act and any enactment passed after this Act—
(a)any reference to bail shall be construed as a reference to release on conditions in accordance with this Act or to conditions imposed on bail, as the context requires;
(b)any reference to an amount of bail fixed shall be construed as a reference to conditions, including a sum required to be deposited under subsection (6) above;
(c)any reference to finding bail or finding sufficient bail shall be construed as a reference to acceptance of conditions imposed or the finding of a sum required to be deposited under subsection (6) above.
[F12(7A)For the purpose of subsection (5)(e)—
(a)“complainer” means the person against whom the offence is alleged to have been committed,
(b)the list is—
(i)an offence to which section 288C applies (certain sexual offending),
(ii)an offence to which section 288DC applies (domestic abuse cases).]
(8)In this section and sections 25 and 27 to 29 of this Act, references to an accused and to appearance at a diet shall include references respectively to an appellant and to appearance at the court on the day fixed for the hearing of an appeal.
Textual Amendments
F1Words in s. 24(1) repealed (9.8.2000) by 2000 asp 9, s. 3(1)
F2S. 24(2A)(2B) inserted (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 2(1)(a), 84; S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S.I. 2007/527)
F3Words in s. 24(3)(b) substituted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential and Supplementary Modifications) Regulations 2017 (S.S.I. 2017/452), reg. 1, sch. para. 12(2) (with reg. 2(2))
F4S. 24(4)(b)(ii) and preceding word repealed (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 58(a), 206(1); S.S.I. 2011/178, art. 2, sch.
F5Words in s. 24(5)(a) inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 5(a); S.S.I. 2004/405, art. 2 Sch. 1 (subject to arts. 3-5)
F6Word in s. 24(5) repealed (1.11.2002) by Sexual Offences (Procedure and Evidence) (Scotland) Act 2002 (asp 9), s. 5(1)(a); S.S.I. 2002/443, art. 3
F7S. 24(5)(ca) inserted (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 2(1)(c), 84; S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S.I. 2007/527)
F8S. 24(5)(cb) inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 58(b), 206(1); S.S.I. 2011/178, art. 2, sch.
F9S. 24(5)(e) and preceding word inserted (1.11.2002) by Sexual Offences (Procedure and Evidence) (Scotland) Act 2002 (asp 9), s. 5(1)(b); S.S.I. 2002/443, art. 3
F10Words in s. 24(5)(e) substituted (1.4.2019) by Domestic Abuse (Scotland) Act 2018 (asp 5), s. 15(2), sch. para. 2(2)(a); S.S.I. 2018/387, reg. 2 (with reg. 6)
F11S. 24(6A) inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 5(b); S.S.I. 2004/405, art. 2 Sch. 1 (subject to arts. 3-5)
F12S. 24(7A) substituted (1.4.2019) by Domestic Abuse (Scotland) Act 2018 (asp 5), s. 15(2), sch. para. 2(2)(b); S.S.I. 2018/387, reg. 2 (with reg. 6)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.