Committee wants public safety bail refusal

Justice 1 Committee backs general principles of Criminal Proceedings Reform Bill

News, 5 July 2006

Holyrood's Justice 1 Committee has backed the general principles of the Criminal Proceedings Reform Bill, but wants public safety to be a separate reason for refusing bail.

In its report on the bill, published today, the committee supports proposals which could mean summary trials taking place in the absence of the accused.

Committee convener Pauline McNeill said holding trials in the absence of the accused would be a last resort - only to be carried out after reasonable attempts had been made to secure the attendance of the accused. She has asked for evidence of the how the system works in England and the type of offences it applies to.

The committee's main area of concern relates to an issue raised by senior police officers, who had called for public safety to be a separate ground for refusal of bail. This was rejected by Hugh Henry, the Deputy Justice Minister - which, says the committee, seems to be at odds with the Executive's aim of making the criminal justice system more easily understood by members of the public. It calls on the Executive to re-examine its position.

The committee backs an increase to the maximum penalty for offences committed on bail - from three months to 12 months for summary cases and from two years to five years for solemn cases. These would be served separately to the original custodial sentence.

In addition, the committee calls for a more radical study of the reasons why people generally do not comply with bail conditions and fail to turn up for court appearances.

The MSPs backed the proposal for sheriffs to give reasons for granting or refusing bail, though the committee records its concern about the lack of response to the consultation process from the Sheriffs Association.

The committee also calls for a shake-up of the legal aid system so that cases are settled earlier and for more radical ways of dealing with witness intimidation in district courts.