{
  "url": "https://openlegislation.uk/criminal-justice-scotland-act-1995/section-5",
  "json_url": "https://openlegislation.uk/criminal-justice-scotland-act-1995/section-5.json",
  "legislation": "ukpga/1995/20",
  "legislation_title": "Criminal Justice (Scotland) Act 1995",
  "legislation_url": "https://openlegislation.uk/criminal-justice-scotland-act-1995",
  "path": "section/5",
  "kind": "section",
  "number": "5",
  "heading": "Bail pending appeal.",
  "text": "(1) Section 238 of the 1975 Act (admission of appellant to bail) shall be amended as follows.\n(2) In subsection (1), at the beginning there shall be inserted “ Subject to subsection (1A) below, ”.\n(3) After subsection (1) there shall be inserted the following subsection—\n“(1A) The High Court shall not admit a convicted person to bail under subsection (1) above unless—\n(a) where he is the appellant and has not lodged a note of appeal in accordance with section 233(1)(a) of this Act, the application for bail states reasons why it should be granted and sets out the proposed grounds of appeal; or\n(b) where the Lord Advocate is the appellant, the application for bail states reasons why it should be granted;\nand, in either case, the High Court considers there to be exceptional circumstances justifying admitting the convicted person to bail.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1995/20/section/5",
    "retrieved_at": "2026-10-29T09:33:09.867874+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}