Section 23A Bail and liberation where person already in custodyF1

Scotland

(1)

A person may be admitted to bail under section 22A , F223, 65(8C) or 107A(7)(b) of this Act although in custody—

(a)

having been refused bail in respect of another crime or offence; or

(b)

serving a sentence of imprisonment.

(2)

A decision to admit a person to bail by virtue of subsection (1) above does not liberate the person from the custody mentioned in that subsection.

(3)

The liberation under section F322A(3), 23(7) or 107A(7)(b) of this Act of a person who may be admitted to bail by virtue of subsection (1) above does not liberate that person from the custody mentioned in that subsection.

(4)

In subsection (1) above, “another crime or offence” means a crime or offence other than that giving rise to the consideration of bail under section 22A , F423, 65(8C) or 107A(7)(b) of this Act.

Annotations

Textual amendments

F1: S. 23A inserted (9.8.2000) by 2000 asp 9, s. 2
F2: Words in s. 23A(1) substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 35(a); S.S.I. 2011/178, art. 2, sch.
F3: Words in s. 23A(3) substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 35(b); S.S.I. 2011/178, art. 2, sch.
F4: Words in s. 23A(4) substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 35(a); S.S.I. 2011/178, art. 2, sch.