Bail and Release Bail passed despite opposition
The Bail and Release from Custody (Scotland) Bill has passed its final stage in the Scottish Parliament, despite continuing opposition from those who claim it undermines protection for women and other vulnerable groups.
MSPs voted 66-44 in favour of the bill at stage 3, with the Liberal Democrats supporting the SNP and Greens while the Conservatives and Labour voted against.
The bill establishes a single core test for decisions on bail: the court must grant bail to an accused person unless there are good reasons for refusing it, which may include the interests of public safety, including the protection of the complainer from a risk of harm, and a significant risk of prejudice to the interests of justice. Courts will be required to specifically consider the physical and psychological safety of victims when making decisions on bail. It will allow the Government to collect more information on why remand is used.
The bill repeals the former presumption against bail where a serious sexual offence or serious domestic violence is alleged, which was the focus of opposition by women's groups. Justice Secretary Angela Constance insisted during the debate that such charges were "exactly the types of case in which remand will be used under the single bail test", and the the Government had tabled amendments to take account of the concerns raised.
However Jamie Greene for the Conservatives said amendments designed to increase safeguards had been voted down, and the new test was not sufficient to keep people safe; while Pauline McNeill for Labour said the Government had not worked adequately with victims' organisations over the removal of the presumption, or explained what the effect would be.
Part 2 of the bill makes changes to some prisoner release arrangements and the support provided at that stage, including preventing prisoners from being released on Fridays or the day before public holidays; replacing home detention curfew for long-term prisoners with a new system that will allow them to be temporarily released to support their reintegration, subject to risk assessment and consultation with the Parole Board; and giving ministers power to release certain prisoners early in emergency situations to protect the security and good order of prisons, or for health, safety or welfare reasons.
Following the vote Ms Constance said: "This legislation delivers on our wider commitment that custody should be reserved for public protection and where someone poses a risk to delivery of justice in a case and that prison should not be used to address wider societal harms.
"By improving release planning, providing more consistent support and a safe transition back into the community, the reforms in this bill can reduce the risk of reoffending, thereby helping to keep crime down and communities safe."