Bill to reform bail and prisoner release published
The Bail and Release from Custody (Scotland) Bill, which aims to refocus the way remand is used and assist the rehabilitation of offenders released from prison, has been introduced to the Scottish Parliament.
The changes are designed to lead to greater public protection and victim safety and are intended to reduce crime, reoffending and victimisation.
Victim safety will be explicitly recognised as a specific factor in decision-making on bail – with a greater focus on using remand for those who pose a risk of serious harm. That includes considerations of both physical and psychological harm.
Ministers will come under a duty to publish national standards for support for people leaving prison, to improve the consistency of support. Release on a Friday or the day before a public holiday will be ended, so people are better able to access support. Pre-release planning will be improved, and a new approach to structured and monitored temporary release will put an emphasis on risk assessment and community support and management to support reintegration.
The bill will also enable the provision of information about prisoner release to victims’ organisations to inform the support they provide, and will explicitly recognise complainer safety as a specific factor in how the court makes decisions on bail. Courts will require to state and record their reasons for refusal of bail. They will also have to have regard to time spent on electronically monitored bail when imposing a custodial sentence.
A new permanent power is proposed, similar to temporary provisions during the COVID-19 pandemic, to release certain groups of prisoners in an emergency to protect the security and good order of prisons and the health, safety and wellbeing of prisoners and prison staff.
Cabinet Secretary for Justice and Veterans Keith Brown said: "This bill recognises prison will always be necessary for the most serious cases, but we need to look again at how custody is used. The bill sets out proposals which will refocus the use of remand and support the rehabilitation and reintegration of people leaving custody, for example through improved release planning and support.
"This is an important step in the Scottish Government’s commitment to transforming the justice sector and a commitment to refocus how imprisonment is used."