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Criminal Procedure (Scotland) Act 1995
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- UK Public General Acts
- 1995 c. 46
- PART III
- Section 31
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Criminal Procedure (Scotland) Act 1995, Section 31 is up to date with all changes known to be in force on or before 25 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 5A inserted by 2010 asp 13 Sch. 7 para. 26
- s. 13(1B) (1C) inserted by 2006 asp 10 s. 82(2)
- s. 13(2)(aa) inserted by 2006 asp 10 s. 82(3)(b)
- s. 13(3A) inserted by 2006 asp 10 s. 82(4)
- s. 13(5)(ba) inserted by 2006 asp 10 s. 82(5)(a)
- s. 13(6)(a)(iii) and word inserted by 2006 asp 10 s. 82(6)(b)
- s. 13(8) inserted by 2006 asp 10 s. 82(7)
- s. 22(5A) inserted by 2007 asp 6 s. 7(2)(g)
- s. 22A(1A) inserted by 2023 asp 4 s. 1(2)
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- s. 23B(6A) inserted by 2023 asp 4 s. 1(3)(c)
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- s. 73A inserted by 2004 asp 3 s. 2(3)
- s. 167(7D) (7E) inserted by 2007 asp 17 sch. 4 para. 1(3)
- s. 167(7D) words substituted by 2010 asp 13 Sch. 3 para. 16(2)
- s. 167(7E) words substituted by 2010 asp 13 Sch. 3 para. 16(3)
- s. 194ZA repealed by 2014 asp 18 sch. 3 para. 25
- s. 200A inserted by 2016 asp 1 s. 85
- s. 205A added by 1997 c. 48 s. 1(1) (This amendment not applied to legislation.gov.uk. 1997 c. 48, s. 1 repealed (27.6.2003) without ever being in force by 2003 asp 7, s. 19(3); S.S.I. 2003/288, art. 2, Sch.)
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- s. 249(4A)-(4D) inserted by 2014 asp 1 s. 24
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- s. 271F(2)(aa) inserted by 2019 asp 8 s. 10(4)
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- s. 271BZD inserted by 2019 asp 8 s. 3(2)
- s. 288AB 288AC inserted by 2024 asp 1 s. 32(3)
- Sch. 5A added by 1997 c. 48 s. 1(2) (This amendment not applied to legislation.gov.uk. 1997 c. 48, s. 1 repealed (27.6.2003) without ever being in force by 2003 asp 7, s. 19(3); S.S.I. 2003/288, art. 2, Sch.)
31 Bail review on prosecutor’s application.S
(1)On an application by the prosecutor at any time after a court has granted bail to a person the court may, where the prosecutor puts before the court material information which was not available to it when it granted bail to that person, review its decision.
(2)On receipt of an application under subsection (1) above the court shall—
(a)intimate the application to the person granted bail;
(b)fix a diet for hearing the application and cite that person to attend the diet; and
(c)where it considers that the interests of justice so require, grant warrant to arrest that person.
[F1(2ZA)Despite subsection (2)(b), the court may grant the application without fixing a hearing if the person granted bail consents.]
[F2(2A)Subsection (2B) below applies to an application under subsection (1) above where the person granted bail—
(a)was convicted on indictment; and
(b)was granted bail pending the determination of—
(i)his appeal;
(ii)any relevant appeal by the Lord Advocate under section 108 or 108A of this Act; or
(iii)the sentence to be imposed on, or other method of dealing with, him.
(2B)Where this subsection applies, the application shall be heard not more than 7 days after the day on which it is made.]
(3)On F3... an application under subsection (1) above the court may—
(a)withdraw the grant of bail and remand the person in question in custody; or
(b)grant bail, or continue the grant of bail, either on the same or on different conditions.
[F4(3A)In relation to an accused admitted to bail under section 65(8C) of this Act—
(a)an application may be made under subsection (1) above only in relation to the conditions imposed on bail; and
(b)paragraph (a) of subsection (3) above shall not apply in relation to any such application.]
(4)Nothing in the foregoing provisions of this section shall affect any right of appeal against the decision of a court in relation to bail.
Textual Amendments
F1S. 31(2ZA) inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 57(3)(a), 206(1); S.S.I. 2011/178, art. 2, sch.
F2S. 31(2A)(2B) inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 18(4), 27(1); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)
F3Word in s. 31(3) repealed (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 57(3)(b), 206(1); S.S.I. 2011/178, art. 2, sch.
F4S. 31(3A) inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 10; S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)
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