[90B Orders in respect of witnesses apprehended under section 90A]
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

[90B  Orders in respect of witnesses apprehended under section 90A]

[(1)     Where a witness is brought before the court in pursuance of a warrant issued under section 90A of this Act, the court shall, after giving the parties and the witness an opportunity to be heard, make an order—

(a)     detaining the witness until the conclusion of the diet at which the witness is to give evidence;

(b)     releasing the witness on bail; or

(c)     liberating the witness.

(2)     The court may make an order under subsection (1)(a) or (b) above only if it is satisfied that—

(a)     the order is necessary with a view to securing that the witness appears at the diet at which the witness is to give evidence; and

(b)     it is appropriate in all the circumstances to make the order.

[(2A)     Whenever the court makes an order under subsection (1) above, it shall state the reasons for the terms of the order.]

(3)     Subsection (1) above is without prejudice to any power of the court to—

(a)     make a finding of contempt of court in respect of any failure of a witness to appear at a diet to which he has been duly cited; and

(b)

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