Explanatory note

These Regulations prescribe the courts which may impose a ‘remote monitoring requirement’ as a condition of bail.

Regulation 2(1) prescribes that Glasgow, Stirling and Kilmarnock sheriff courts may impose such requirements under section 24A(1) of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”). This section provides that a person who has been refused bail may apply to the court for it to consider admitting him or her to bail subject to a movement restriction condition and a remote monitoring requirement. This regulation also prescribes the High Court when hearing an appeal against a refusal of bail under this section.

Regulation 2(2) prescribes certain courts which may impose remote monitoring requirements under section 24A(2) of the 1995 Act. This section allows a prescribed court to impose such a requirement, at its own hand, on a person charged with (or convicted of) murder or rape who is granted bail subject to a movement restriction condition. The prescribed courts are: Glasgow, Stirling and Kilmarnock sheriff courts, the High Court sitting at Glasgow, and the High Court (in practice, sitting at Edinburgh) when it has granted bail to an appellant following an application under section 112 of the 1995 Act.

Regulation 3 sets out transitional arrangements.