# Criminal Proceedings etc. (Reform) (Scotland) Act 2007, Section 5: Attitude of prosecutor after conviction


After section 32 of the 1995 Act there is inserted—
“Bail after conviction: prosecutor's attitude
32A (1) Where—
(a) a person has been convicted in any proceedings of an offence; and
(b) a question of bail (including as to bail conditions) subsequently arises in the proceedings (whether before sentencing or pending appeal or otherwise),
the prosecutor and the convicted person must be given an opportunity to make submissions in relation to the question.
(2) But the attitude of the prosecutor towards the question does not restrict the court's exercise of its discretion in determining the question in accordance with the rules applying in the case.
(3) Despite subsection (1) above, the prosecutor need not be given an opportunity to make submissions in relation to a question of bail arising under section 245J of this Act.
(4) This section is without prejudice to any other right of the parties to be heard.”.

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Source: https://www.legislation.gov.uk/asp/2007/6/section/5 (the official version)
Page: https://openlegislation.uk/criminal-proceedings-etc-reform-scotland-act-2007/section-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.