{
  "url": "https://openlegislation.uk/draft-bail-and-release-from-custody-scotland-act-2023-consequential-modifications-order-2024/note",
  "json_url": "https://openlegislation.uk/draft-bail-and-release-from-custody-scotland-act-2023-consequential-modifications-order-2024/note.json",
  "legislation": "ukdsi/2024/9780348264470",
  "legislation_title": "The Bail and Release from Custody (Scotland) Act 2023 (Consequential Modifications) Order 2024",
  "legislation_url": "https://openlegislation.uk/draft-bail-and-release-from-custody-scotland-act-2023-consequential-modifications-order-2024",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nThis Order makes provision consequential on section 2 of the Bail and Release from Custody (Scotland) Act 2023 (“the 2023 Act”). Section 2 of the 2023 Act amends the test which the court must apply when considering whether to grant bail to a person accused of or charged with an offence by amending the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”). Sections 23B and 23C of the 1995 Act set out that test.\nSection 2(3) of the 2023 Act limits the extent to which the court may refuse bail, in summary proceedings, on the ground specified in section 23C(1)(a) of the 1995 Act. That ground is based on a substantial risk that the accused, if granted bail, might abscond or fail to appear at court diets as required.\nSection 2(3)(b) amends section 23C of the 1995 Act to provide that, when deciding on bail in summary proceedings, the court may only consider the section 23C(1)(a) ground of refusal in two sets of circumstances. The first is where the accused has failed to appear at a previous hearing of the case, having been granted bail or been ordained to appear. The second is where the accused is appearing before the court on a complaint charging an offence under section 27(1)(a) or 150(8) of the 1995 Act. Section 27(1)(a) makes it an offence for an accused who has been granted bail to fail, without reasonable excuse, to appear at a court diet as required. Section 150(8) makes it an offence for an accused to fail, without reasonable excuse, to appear at a court diet of which the accused has been given due notice.\nArticle 3(2) of this Order inserts new subparagraph (ai) into section 24F(1)(c) of the 1995 Act to provide that new section 23C(1A) of the 1995 Act (as inserted by the 2023 Act) will not apply in relation to bail decisions in extradition proceedings. Article 3(3) of this Order inserts new subsection (1A) into section 24F of the 1995 Act to provide that new section 23C(1A) will not apply in relation to bail decisions in proceedings under section 7 of the 2003 Act.\nArticle 4 of this Order provides that the modifications made by section 2(3) of the 2023 Act do not apply to extradition proceedings commenced before the coming into force of section 2 of the 2023 Act.\nA full impact assessment has not been produced for this Order as no, or no significant, impact on the private, voluntary or public sector is foreseen.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2024/9780348264470/note",
    "retrieved_at": "2026-10-30T14:40:31.283960+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."
}