Common use of Bail Clause in Contracts

Bail. 65. At the first calling of the case, whether the accused appears from custody or on an undertaking, the Procurator Fiscal will consider the question of bail and oppose bail where appropriate. Xxxxxx will be had to information provided by the police in relation to the victim’s views and information received from specialist support or advocacy services. If bail is not to be opposed, the Procurator Fiscal will consider whether it is appropriate to seek additional conditions, usually referred to as special bail conditions, such as requiring the accused to reside at an alternative address and preventing the accused from approaching the home or contacting the victim or particular witnesses. Special conditions of bail are considered on a case by case basis and there may be a variety of conditions that are appropriate depending on the specific circumstances of a case. The Procurator Fiscal will consider opposing bail where a special bail condition is thought appropriate, but the accused does not accept it. While the Procurator Fiscal may make submissions to the court on the question of bail, decisions on whether to grant or refuse bail and the terms of any conditions of bail are entirely a matter for the court. Any decision on bail can be appealed by the accused to the appropriate Appeal Court.