Published: 30 September 2005
Tougher Bail
New measures to strengthen the conditions attached to bail, deal robustly with breaches, and improve the consistency of bail decisions have been unveiled in Scottish Executive.
For the first time judges considering whether to grant bail to someone accused of serious violent offences, sexual offences or drug dealing will be specifically required to take previous similar convictions into account before making their decision.
Drug treatment and testing will be made available for the first time as a condition of bail - giving drug addicts a community-based treatment programme before they go to trial to tackle their addiction problems and the root cause of their offending.
Also, the Executive will review the options for strengthening special bail conditions with the aim of improving public safety.
Justice Minister Cathy Jamieson said:
"I am determined to improve confidence and trust in our courts. One of the ways to do that is to strengthen the conditions attached to bail, deal robustly with breaches of bail and improve the overall consistency of bail decisions.
The measures I have set out 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.
It is absolutely right that judges and sheriffs are the people who make decisions about granting bail - rightly independent of politicians.
But it is also right that Parliament has the opportunity to provide a robust framework that reflects the public's genuine concerns. The proposals I've outlined will mean that the will of Parliament will be clear and transparent in relation to bail.
Those who think they can pick and choose when they come to court should think again. For too long there have been some individuals who flouted the will of the court with little regard to the consequences.
The package of measures outlined today, including the prospect of longer sentences for bail breach, will help bring that kind of attitude to an end.
The link between drugs and crime is also widely understood. That's why we will be providing a range of options for support and supervision for accused including making drug treatment and testing available as a condition of bail.
Drug using offenders are one of the most likely groups to re-offend while on bail, so getting them onto treatment programmes early is vital and that's why we are investing extra resources to achieve this.
However, these proposals should not be seen in isolation.
As we have made clear, we need to speed up our criminal justice service to ensure accused are dealt with more quickly and effectively, while making sure that the court - not Ministers - retain the independent decision making discretion.
The goal is a smarter, speedier justice system with a consistent bail and remand regime, protecting communities and directing offenders away from crime."
Other measures that form the package include:
Ensuring that sheriffs and judges have to state the increase in sentence for those who offend while on bail or state why no increase was imposed.
Increasing the sentencing limit for those who breach bail conditions in non-jury courts from three months to one year. This would be in addition to any sentence given for another offence.
Ensuring that sentences for those who fail to appear at court are served after the sentence for the original offence and not at the same time. This will make it clear that offending on bail, and failing to attend at court, have direct consequences.
Introducing a provision for trial in absence in non-jury courts when an accused fails to appear without good reason and the court considers it in the interests of justice to proceed. This will make it clear that attending court is compulsory and make it less likely that victims and witness turn up only to see the trial fail to proceed.
Ensuring that each accused has their bail conditions and the consequences of breach clearly spelled out to them. This will ensure transparency for both the individual concerned and members of the public.
The factors against granting bail contained in the proposals are:
Where the accused is charged on petition with an violent or sexual offence (excluding prostitution) and has any previous solemn conviction for a violent or sexual offence ( also excluding prostitution); and the
accused is charged on petition with an offence of drug trafficking and has any previous solemn conviction for drug trafficking.
Options for strengthening conditions for bail could include reporting to a police station or electronic monitoring for certain further stated offences.
There are already pilots for the use of electronic monitoring for those accused of murder or rape who have been bailed by the court.
The bail strategy is part of a wider programme of work on the management of high risk offenders, particularly sex offenders.
The Scottish Executives current work on high risk offenders also includes:
Legislation to promote joint working and information sharing between criminal justice partners
Ending the unconditional automatic early release of sex offenders sentenced to six months or more in prison;
Preparation of a national accommodation strategy for sex offenders;
A review of the operation of the sex offender notification regime.
The establishment of the Risk Management Authority and the introduction of Orders for Lifelong Restriction, a new sentence to deal specifically with high risk violent and sexual offenders
These proposals will form part of the Summary Justice Reform Bill that will be introduced to Parliament in 2006. Some elements will cover reforms in both the jury courts as well as the non-jury courts.
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