Criminal Procedure (Scotland) Act 1995

30 Bail review. S

(1) This section applies where a court has refused to admit a person to bail or, where a court has so admitted a person, the person has failed to accept the conditions imposed or that a sum required to be deposited under section 24(6) of this Act has not been so deposited.

[F1 (1A) This section also applies where a person who has accepted the conditions imposed on his bail wants to have any of them removed or varied.]

(2) A court shall, on the application of any person mentioned in subsection (1) [F2 or (1A) above, have power to review (in favour of the person) its decision as to bail, or its decision as to the conditions imposed, if—

(a) the circumstances of the person have changed materially; or

(b) the person puts before the court material information which was not available to it when its decision was made.]

[F3 [F4 (2A) On receipt of an application under subsection (2), the court must—

(a) intimate the application to the prosecutor, and

(b) before determining the application, give the prosecutor an opportunity to be heard.

(2AA) Despite subsection (2A)(b), the court may grant the application without having heard the prosecutor if the prosecutor consents.]

(2B) Subsection (2C) below applies where an application is made under subsection (2) above by a person convicted on indictment pending the 5determination of—

(a) his appeal;

(b) any relevant appeal by the Lord Advocate under section 108 or 108A of this Act; or

(c) the sentence to be imposed on, or other method of dealing with, him.

(2C) Where this subsection applies the application shall be—

(a) intimated by the person making it immediately and in writing to the Crown Agent; and

(b) [F5 determined] not less than 7 days after the date of that intimation.]

(3) An application under this section, where it relates to the original decision of the court, shall not be made before the fifth day after that decision and, where it relates to a subsequent decision, before the fifteenth day thereafter.

(4) Nothing in this section shall affect any right of a person to appeal against the decision of a court in relation to admitting to bail or to the conditions imposed.

Textual Amendments

F1 S. 30(1A) inserted (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 4(1)(a), 84; S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S.I. 2007/527)

F2 Words in s. 30(02) substituted (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 4(1)(b), 84; S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S.I. 2007/527)

F3 S. 30(2A)-(2C) inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 18(3), 27(1); S.S.I. 2004/405, art. 2 Sch. 1 (subject to arts. 3-5)

F4 S. 30(2A)(2AA) substituted for s. 30(2A) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 57(2)(a), 206(1); S.S.I. 2011/178, art. 2, sch.

F5 Word in s. 30(2C)(b) substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 57(2)(b), 206(1); S.S.I. 2011/178, art. 2, sch.