{
  "url": "https://openlegislation.uk/criminal-procedure-scotland-act-1995/section-22A",
  "json_url": "https://openlegislation.uk/criminal-procedure-scotland-act-1995/section-22A.json",
  "legislation": "ukpga/1995/46",
  "legislation_title": "Criminal Procedure (Scotland) Act 1995",
  "legislation_url": "https://openlegislation.uk/criminal-procedure-scotland-act-1995",
  "path": "section/22A",
  "kind": "section",
  "number": "22A",
  "heading": "Consideration of bail on first appearance",
  "text": "(1) On the first occasion on which—\n(a) a person accused on petition is brought before the sheriff prior to committal until liberated in due course of law; or\n(b) a person charged on complaint with an offence is brought before a judge having jurisdiction to try the offence,\nthe sheriff or, as the case may be, the judge shall, after giving that person and the prosecutor an opportunity to be heard ..., either admit or refuse to admit that person to bail.\n(1A) Before determining whether to admit or refuse to admit the person accused or charged to bail, the sheriff or judge must also give an officer of a local authority an opportunity to provide (orally or in writing) information relevant to that determination.\n(2) Admittance to or refusal of bail shall be determined before the end of the day (not being a Saturday or Sunday, or a court holiday prescribed for the court which is to determine the question of bail, unless that court is sitting on that day for the disposal of criminal business) after the day on which the person accused or charged is brought before the sheriff or judge.\n(3) If, by that time, the sheriff or judge has not admitted or refused to admit the person accused or charged to bail, then that person shall be forthwith liberated.\n(4) This section applies whether or not the person accused or charged is in custody when that person is brought before the sheriff or judge.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 22A inserted before s. 23 (9.8.2000) by 2000 asp 9, s. 1"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 22A(1) repealed (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 6(1)(a), 84; S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S.I. 2007/527)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "S. 22A(1A) inserted (14.5.2025) by Bail and Release from Custody (Scotland) Act 2023 (asp 4), ss. 1(2), 18(2); S.S.I. 2025/52, reg. 2(a)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "S. 22A(2) substituted (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 6(1)(b), 84; S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S.I. 2007/527)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in s. 22A(3) substituted (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 6(1)(c), 84; S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S.I. 2007/527)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1995/46/section/22A",
    "retrieved_at": "2026-11-05T03:43:46.035735+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."
}