32 Bail appeal
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

32  Bail appeal

(1)     [Where, in any case, bail], is refused or where the [accused] is dissatisfied with the amount of bail fixed, he may appeal to the [appropriate Appeal Court] which may, in its discretion order intimation to the Lord Advocate or, as the case may be, the prosecutor.

(2)     Where, in any case, . . . bail is granted, or, in summary proceedings an accused is ordained to appear, the public prosecutor, if dissatisfied—

(a)     with the decision allowing bail;

(b)     with the amount of bail fixed; or

(c)     in summary proceedings, that the accused has been ordained to appear,

may appeal to the [appropriate Appeal Court], and the [accused] shall not be liberated, subject to subsection (7) below, until the appeal by the prosecutor is disposed of.

[(2A)     The public prosecutor may, in relation to an accused admitted to bail under section 65(8C) of this Act, appeal under subsection (2) above only in relation to the conditions imposed on bail.]

(3)     Written notice of appeal shall be immediately given to the opposite party by a party appealing under this section.

[(3A)     A notice of appeal under this section is to be lodged with the clerk of the court

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