Bail conditions toughen up from today
10 Dec 07
Judges will need to provide reasons for bail decisions
New bail provisions which will mean tougher punishments for those who breach their conditions come into force today.
Reforms contained in the Criminal Proceedings etc (Reform) (Scotland) Act 2007 will help make the law on bail clearer and more transparent, with judges providing reasons for decisions on bail. They also introduce higher maximum penalties for bail breaches.
The reforms to the bail system include:
- a statutory requirement that courts take into account public safety when deciding whether to grant bail to an accused;
- courts will grant bail only in exceptional circumstances to someone accused of serious violent or sexual offences or drug dealing with previous similar convictions;
- courts will need to give reasons for their bail decisions;
- increased maximum penalties for breach of bail conditions from three months' imprisonment to 12 months, and from two years to five years for certain bail breaches in solemn (jury) cases;
- courts will be able to refuse bail even if not opposed by the Crown.
Justice Secretary Kenny MacAskill said: "I am confident that these bail reforms will help lead to increased transparency and improved consistency in bail decisions and see tougher action being taken against those who breach their bail.
"We supported these bail reforms in opposition and we are driving forward these important reforms now we are in Government."
The 2007 Act and its associated reforms will be implemented in stages. Today the changes to bail (sections 1-6), lay justice (sections 59-77) and sentencing powers (sections 43-45 and 47-49) come into effect, as do certain procedural reforms. Changes to direct measures (previously known as alternatives to prosecution) and fines enforcement will begin in March 2008, as will the programme of phased court unification.
A series of articles will be published in the Journal, beginning in the November issue, explaining the reforms in more detail - see the magazine section of the website.
Sacro's concerns
Community safety organisation Sacro expressed concern about the effect of new measures. Chief executive Susan Matheson said:
“To make Scotland safer we should increase the use of bail supervision. These new measures will only increase prison numbers, whilst our bail supervision services demonstrate that a great number of those on bail do not require a custodial sentence”.
She pointed out that the 23,181 remand receptions in Scotland in 2006-07, and the average of 1,567 people on remand each day, cost £51.2 million. "Over half of those remanded will not be given custody, so are not a danger to the public. Bail supervision provides courts with a robust and cost effective alternative to remand, and puts in place measures, such as support with accommodation and addiction, which help to stop re-offending."
"We would urge the Scottish Government to consider these figures."