Parliament Workbench
Data: Motions & questions to 19 Nov 2026

Written Question · S1W-28838 · Session 1

Whether it is permissible for a judge to consider whether an appeal after a conviction for (a) serious assault, (b) rape, (c) culpable homi…

Answered Asked by Lord James Douglas-Hamilton Con Lodged 2 Sep 2002

The question

To ask the Scottish Executive whether it is permissible for a judge to consider whether an appeal after a conviction for (a) serious assault, (b) rape, (c) culpable homicide and (d) murder could succeed when considering a bail application and what guidance or directions it has issued to the judiciary on this issue.

The answer

Answered by Jim Wallace on 16 Sep 2002 · 14 days after it was lodged, on time

Decisions about the grant of bail and the factors they may or may not take into account in considering whether or not to grant bail are matters entirely for the judiciary.As to the issue of guidance or directions to the judiciary, I would refer the member to the answer given to question S1W-28832 today.

In the Official Report

No contribution in the Official Report cites S1W-28838 by reference.