Criminal Procedure (Scotland) Act 1995

24ABail conditions: remote monitoring of restrictions on movementsS

(1)Where a court has refused to admit a person to bail, the court shall, on the application of that person—

(a)consider whether the imposition of a remote monitoring requirement would enable it to admit the person to bail subject to a movement restriction condition; and

(b)if so—

(i)admit the person to bail subject to such a condition (as well as such other conditions required to be imposed under section 24(4) of this Act); and

(ii)impose, as a further condition of bail, a remote monitoring requirement.

(2)Where a court—

(a)grants bail to any person charged with or convicted of murder or rape; and

(b)in doing so, imposes a movement restriction condition,

the court may, at its own hand, impose, as a further condition of bail, a remote monitoring requirement.

(3)Where a court, in granting bail to a person convicted of murder or rape—

(a)imposes a movement restriction condition; but

(b)does not impose a remote monitoring requirement,

the court shall state reasons for not imposing such a requirement.

(4)In deciding whether to grant bail to a person referred to in paragraph (a) of subsection (2) above, the court shall disregard the availability of the power conferred by that subsection.

(5)Where—

(a)a remote monitoring requirement has been imposed under subsection (2) above on a person charged with murder or rape; and

(b)subsequently, the charge against the person is reduced,

the court shall, on the application of the person, revoke the remote monitoring requirement unless it considers that there are exceptional circumstances justifying the continued imposition of the requirement.

(6)An application under subsection (5) above shall be intimated immediately and in writing to the Crown Agent and the court shall, before determining it, give the prosecutor an opportunity to be heard.

(7)Before considering whether to impose a remote monitoring requirement under subsection (1) or (2) above, the court shall give the accused and the prosecutor an opportunity to be heard.

(8)Before imposing a remote monitoring requirement under subsection (1) or (2) above, the court shall explain to the accused in ordinary language—

(a)the effect—

(i)of the requirement; and

(ii)of any requirement to be imposed under section 24D(3) of this Act; and

(b)the consequences which may follow any failure by the accused to comply with—

(i)the movement restriction condition in respect of which the remote monitoring requirement is to be imposed; and

(ii)any such requirement as is referred to in paragraph (a)(ii) above.

(9)The court shall not impose a remote monitoring requirement under subsection (1) or (2) above unless the accused, after the court has explained to him the matters referred to in paragraphs (a) and (b) of subsection (8) above, has confirmed that he understands those matters.

(10)Subsection (11) below applies where the court is proposing—

(a)to impose under subsection (1) or (2) above a remote monitoring requirement where the movement restriction condition in relation to which the requirement is proposed to be imposed will require the accused to remain in a specified place or places; or

(b)to vary the movement restriction condition in relation to which the requirement is imposed so as to specify a different place or different places.

(11)Before imposing the requirement or, as the case may be, varying the condition, the court shall—

(a)obtain and consider a report by an officer of a local authority about—

(i)the place or places proposed to be specified; and

(ii)the attitude of persons likely to be affected by the requirement that the accused remain there; and

(b)if it considers it necessary, hear the officer who prepared the report.

(12)The court may, for the purposes of subsection (11) above, adjourn the proceedings.

(13)Where a court—

(a)imposes a remote monitoring requirement under subsection (1) or (2) above;

(b)revokes such a requirement; or

(c)varies or revokes a movement restriction condition in respect of which such a requirement has been imposed,

the clerk of the court shall cause a copy of the order containing the requirement, revocation or, as the case may be, variation to be sent immediately to the monitor.

(14)Where, in the course of monitoring in pursuance of a remote monitoring requirement imposed under subsection (1) or (2) above a person’s compliance with a condition imposed on bail restricting the person’s movements, the monitor becomes aware that the person has breached the condition, the monitor shall immediately notify a constable of the breach.

(15)Where a constable arrests a person under section 28(1) of this Act on the ground that the constable suspects the person of having breached a movement restriction condition in respect of which a remote monitoring requirement has been imposed the constable shall, as soon as possible, notify the monitor of the arrest.

(16)Nothing in subsection (1) above affects any right which a person has to appeal against a decision refusing to admit the person to bail.

(17)However, where in a case in which an application has been made under subsection (1) above following a decision of a court to refuse to admit the applicant to bail—

(a)an appeal is taken against the decision; and

(b)the applicant is refused bail under subsection (1) above,

any appeal against the refusal of bail under that subsection shall be conjoined with the appeal referred to in paragraph (a) above.

(18)In this section and sections 24B to 24E of this Act—

(a)“a movement restriction condition” means, in relation to a person admitted to bail, a condition of bail imposed under section 24(4)(b) of this Act restricting the person’s movements, including such a condition requiring the person to be, or not to be, in any place or description of place for, or during, any period or periods or at any time;

(b)“a remote monitoring requirement” means, in relation to a movement restriction condition, a requirement that compliance with the condition be remotely monitored; and

(c)references to the “accused” are references to any person in relation to whom a remote monitoring requirement is imposed or to be imposed under subsection (1) or (2) above.

(19)In this section, “monitor” means, in relation to an order under this section, any person who is, or is to be, responsible for the remote monitoring of the compliance of the person in respect of whom the order is made with the condition imposed in the order restricting the person’s movements.