Report No. 36

28. Section 498(1)-Introductory.-

We now come to section 498. Section 498(1) can be divided into two portions. The first part provides that the amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case, and shall not be excessive. This is also the English law,1 where, in addition, a writ of habeas corpus can be applied for if the bail is excessive. The second part of section 498(1) provides that the High Court or Court of Session may, in any case, whether there be an appeal on conviction or not, direct that any person be admitted to bail, or that the bail required by a police officer or Magistrate be reduced. It is the latter half that is more important.

1. Halsbury, 3rd Edn., Vol. 10, p. 374, para. 678.