Decision-making on bail and remand: interim findings report

Footnotes

1. In Scotland, criminal cases are heard by a sheriff and a jury (solemn procedure) but can be heard by a sheriff alone (summary procedure) depending on the nature and seriousness of the alleged offence.

2. Criminal Procedure (Scotland) Act 1995

3. Bail and release from custody arrangements: consultation analysis - gov.scot (www.gov.scot)

4. Presumption against short prison sentences of 12 months and under.

5. This makes provision for the use of bail only in exceptional circumstances, in solemn courts, for particular case types, i.e. where a person is accused of, and has a previous conviction for violent offences, sexual offences, domestic abuse offences, or drug trafficking offences.

6. Recognising that where sub-section 30(2C) applies the application shall be (a) intimated by the person making it immediately and in writing to the Crown Agent; and (b) [determined] not less than 7 days after the date of that intimation. Section 30(3) of the Act also sets out that 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.