Study to explore reasons for number of remand prisoners

Research into decisions on whether to remand accused persons in custody or release them on bail has been commissioned by the Scottish Government.

Ministers are keen to find out why, despite the long term fall in crime, Scotland has the highest prison population per head in western Europe, with approximately one in five prisoners being held on remand.

The findings of the study, which will include observation of court cases as well as interviews with criminal justice professionals, will support work to reduce the number of people on pre-trial and pre-sentencing remand in the prison system, informing the further development of alternatives to remand and consideration of how bail law operates. 

Following an inquiry into remand, the Scottish Parliament’s Justice Committee recommended further use of bail supervision. Reforms to bail laws in recent years have included a new statutory presumption against bail for those accused of serious sexual offences with a history of such offending, and enhanced penalties to deal with any person who breaches bail conditions.

However remand is widely recognised as having a similar impact to short custodial sentences which disrupt employment, housing, medical arrangements and family relationships. Last year the Parliament approved the extension of the presumption against short sentences to any sentence of less than 12 months.

KSO Research will conduct the study on behalf of the Scottish Government and its justice partners. The firm’s director, Dr Kate Skellington Orr, said: "The research team has an extensive background in criminal justice research and is pleased to be able to support the partners in examining issues around bail and remand in Scotland. The research presents a timely opportunity to better understand decisions and explore innovation, including constructive options in the community."

Justice Secretary Humza Yousaf commented: "While decisions on whether to remand in custody or grant bail to an accused person ahead of trial are a matter for courts, we are continuing to strengthen the provision of credible alternatives to custody and reduce disruptive pre-trial imprisonment. 

"Remand will always be necessary in some cases to protect the public. As part of our ‘smart justice’ evidence-led approach we are exploring ways to help reduce Scotland’s high prison population and prevent the damaging impact of remand where appropriate."