Draft Bail and Release from Custody (Scotland) Act 2023 (Consequential Modifications) Order 2024

Andrew Bowie Excerpts

Wednesday 20th November 2024 General Committees

[Andrew Bowie (West Aberdeenshire and Kincardine) (Con)]

It is a pleasure to serve under your chairship this morning, Mrs Harris. I thank the Minister for his kind remarks in welcoming me to this post. I am glad that I made it just in time for this Delegated Legislation Committee.

The Committee will be pleased to learn I intend to keep my remarks brief. We will not oppose the draft Bail and Release from Custody (Scotland) Act 2023 (Consequential Modifications) Order 2024, although the issue it seeks to rectify is one that perhaps should not have arisen in the first place. None the less, we want to ensure UK-wide consistency, because this is clearly an important area of the law, with real-world consequences.

We want the parameters for granting or rejecting bail in extradition cases in Scotland to be in line with standards elsewhere in the UK. It cannot be right that, under that the Bail and Release from Custody (Scotland) Act passed by the Scottish Parliament last year, sheriffs hearing extradition cases in Scotland would no longer be able to remand an individual accused of an offence on the basis that there is a high risk that they will abscond, unless said individual had previously failed to appear in court for that offence or one of the charges in the live case is one of failure to appear before a court.

Flight risk should be a serious consideration, and a situation in which courts in Scotland are more limited in that respect than those in other parts of the UK would not be right, not least because people accused in extradition proceedings are often considered at risk of flight. Maintaining the integrity of the Extradition Act and of the UK’s broader extradition system is therefore a priority, for our own sake and that of countries with which we have extradition arrangements.

I note that the UK Government have not held a formal consultation on the order, but they have put on record that they consulted the Scottish Government. Can the Minister shed any further light on those discussions and on how we might avoid similar circumstances arising in future? To conclude, however, we do not intend to stand in the way of the order.