Written Question · S1W-27723 · Session 1
Whether it has any plans to review the release on bail of prisoners convicted of serious crimes including violence while their appeals agai…
The question
To ask the Scottish Executive whether it has any plans to review the release on bail of prisoners convicted of serious crimes including violence while their appeals against conviction are pending.
The answer
The Scottish Executive has no power to review the grant of bail to convicted persons pending the determination of their appeal and it would be inappropriate to seek such powers. Only the High Court has the power to grant bail in these circumstances and to recall any such grant of bail.The High Court may grant bail on the application of a convicted person if it thinks fit. However, it cannot grant a convicted person bail unless, in the absence of written grounds of appeal, the application for bail states reasons why bail should be granted and sets out proposed grounds of appeal, and the High Court considers that there are exceptional circumstances to justify granting bail.We have no plans at present to review the High Court's powers in this respect.
In the Official Report
No contribution in the Official Report cites S1W-27723 by reference.