Executive announces bail reforms

Package to include tougher rules for bail and stiffer penalties for breach

News, 26 September 2005

The Scottish Executive has unveiled new plans to tackle bail offenders and improve the consistency of bail decisions.

For the first time judges considering whether to grant bail to someone accused of serious violent offences, sexual offences or drug dealing will be explicitly required to take previous similar convictions into account before making their decision.

Also for the first time, drug treatment and testing will be made available as a condition of bail, permitting drug addicts a community-based treatment programme before they go to trial.

Penalties

Other measures include increasing the maximum additional sentence for those who breach bail conditions in summary cases from three months to one year; and making the sentence for failing to appear for trial consecutive to any sentence for the offence charged.

A summary trial will also be able to proceed where an accused fails to appear for trial without good reason, and the court considers it in the interests of justice.

Factors

Factors counting against granting bail will include an accused charged on petition with a violent or sexual offence (excluding prostitution), having any previous solemn conviction for such an offence in this category; or an accused charged on petition with drug trafficking having any previous solemn conviction for drug trafficking.

Options for supervision on strengthening bail conditions could include reporting to a police station or tagging for certain offences.

Public concern

Justice Minister Cathy Jamieson said: "The measures I have set out today send a strong message that the public concerns about granting bail for those accused of serious, violent and sexual offences, and drug dealing are being taken seriously.

"To improve confidence and public trust in our courts, it's vital that we improve the consistency of bail decisions, strengthen the conditions attached to bail and deal robustly with any breaches of bail."

However, the SNP justice spokesman Kenny MacAskill said the measures fell short of ensuring public safety and the Conservatives' justice spokeswoman Annabel Goldie warned that the proposals were likely to be hampered by the European Convention on Human Rights.

The full details of the bail and remand package can be found at http://www.scotland.gov.uk/Publications/2005/09/26103133/31342 .