Bail etc. (Scotland) Act 1980

JurisdictionUK Non-devolved
Citation1980 c. 4
Year1980
release on bail may be granted only on conditions which, subject to subsection (3) below, shall not include a pledge or deposit of money;liberation may be granted by the police under section 18, 294, 295 or 296 of the 1975 Act as amended by sections 7 to 9 of this Act.the standard conditions; andthat the standard conditions are observed; andthat the accused makes himself available for the purpose of participating in an identification parade or of enabling any print, impression or sample to be taken from him.appears at the appointed time at every diet relating to the offence with which he is charged of which he is given due notice;does not commit an offence while on bail;does not interfere with witnesses or otherwise obstruct the course of justice whether in relation to himself or any other person; andmakes 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.(3) 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.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;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 (3) above;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 (3) above.(5) In this section and sections 2 to 4 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.the conditions imposed; andan address, within the United Kingdom (being the accused’s normal place of residence or such other place as the court may, on cause shown, direct) which, subject to subsection (2) below, shall be his proper domicile of citation.(2) The court may on application in writing by the accused while he is on bail alter the address specified in the order granting bail, and this new address shall, as from such date as the court may direct, become his proper domicile of citation; and the court shall notify the accused of its decision on any application under this subsection.(3) In this section “proper domicile of citation” means the address at which the accused may be cited to appear at any diet relating to the offence with which he is charged or an offence charged in the same proceedings as that offence or to which any other intimation or document may be sent; and any citation at or the sending of an intimation or document to the proper domicile of citation shall be presumed to have been duly carried out.to appear at the time and place appointed for any diet of which he has been given due notice; orto comply with any other condition imposed on bail;a fine not exceeding F4level 3 on the standard scale; andwhere conviction is in the district court, not exceeding 60 days; orwhere conviction is in the sheriff court or in the High Court, not exceeding 3 months.the fact that the offence was committed by him while on bail and the number of bail orders to which he was subject when the offence was committed;any previous conviction of the accused of an offence under subsection (1) (b) above; andthe extent to which the sentence or disposal in respect of any previous conviction of the accused differed, by virtue of this subsection, from that which the court would have imposed but for this subsection.(2B) The court shall not, under subsection (2A) above, have regard to the fact that the subsequent offence was committed while the accused was on bail unless that fact is libelled in the indictment or, as the case may be, specified in the complaint.where it is a fine, by the amount for the time being equivalent to level 3 on the standard scale; andas respects a conviction in the High Court or the sheriff court, by 6 months; andas respects a conviction in the district court, by 60 days,(2D) Where the sentence or disposal in respect of the subsequent offence is, by virtue of subsection (2A) above, different from that which the court would have imposed but for that subsection, the court shall state the extent of and the reasons for that difference.a fine; andimprisonment for a period not exceeding 2 years.to amend the indictment to include an additional charge of an offence under this section;to include in the list

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT