Explanatory Notes

Bail, Judicial Appointments etc. (Scotland) Act 2000

2000 asp 9

9 August 2000

The Act

Part 1 – Bail

Section 4 (Removal of restriction on appeals against refusal of bail)

16.Section 4 amends section 32 of the 1995 Act. This section makes provision for appeals against bail decisions but prevented an accused arrested on petition, who had been refused bail, appealing to the High Court against any refusal which resulted from an application made before committal. An appeal could be made only against the refusal of any subsequent application made after committal. The amended provision will allow all accused persons to appeal a refusal of bail by the sheriff under the new section 22A and the refusal of any subsequent bail application.