Jun. 13 2024
Source Page: Tribunals statistics quarterly: January to March 2024Found: The appellant may have been released on bail, or may have won their appeal and were subsequently released
Report Jun. 12 2024
Committee: Criminal Justice CommitteeFound: Prisoners and Criminal Proceedings (Scotland) Act 1993 (the 1993 Act) (as introduced by Section 1 1 of the Bail
Correspondence Jun. 11 2024
Inquiry: Prison PopulationFound: Conven er, As the Committee is aware, the emergency release power provided for by section 11 of the Bail
Report Jun. 10 2024
Committee: Public Audit CommitteeFound: decisions are made on whether to place someone in the community or in prison, electronic monitoring on bail
Found: children are held before trial or after a finding of guilt but before sentencing, having not been given bail
Asked by: Gosal, Pam (Scottish Conservative and Unionist Party - West Scotland)
Question
To ask the Scottish Government, further to the answer to question S6W-27377 by Dorothy Bain on 21 May 2024, when it anticipates that it will complete its work on ensuring that Standard Prosecution Reports fully address the victim’s views on court proceedings, bail conditions and non-harassment orders, with reasons for victims’ views being fully explored and described, by both the Crown Office and Procurator Fiscal Service and Police Scotland, in appropriate and accurate language.
Answered by None
COPFS has commenced work in relation to the areas identified in the His Majesty's Inspectorate of Prosecution in Scotland (HMIPS) report and is identifying the necessary work that will require to be undertaken and the resource requirements needed to implement the recommendations.
COPFS has agreed to provide HMIPS with regular updates on the work undertaken in implementing the recommendations contained within the report and anticipate that an update on progress could be provided in 6 months.
Asked by: Gosal, Pam (Scottish Conservative and Unionist Party - West Scotland)
Question
To ask the Scottish Government, further to the answer to question S6W-27450 by Dorothy Bain on 21 May 2024, when it anticipates that it will complete the work on recommendation 12 in the report on HM Inspectorate of Prosecution in Scotland's (HMIPS) inspection of the prosecution of summary domestic abuse cases, in order to ensure that victims are informed of bail review applications, their views are sought and put before the court, and they are informed of the outcome timeously.
Answered by None
COPFS has commenced work in relation to the areas identified in the His Majesty's Inspectorate of Prosecution in Scotland (HMIPS) report and is identifying the necessary work that will require to be undertaken and the resource requirements needed to implement the recommendations.
COPFS has agreed to provide HMIPS with regular updates on the work undertaken in implementing the recommendations contained within the report and anticipate that an update on progress could be provided in 6 months.
Asked by: Lennon, Monica (Scottish Labour - Central Scotland)
Question
To ask the Scottish Government whether it has assessed the number of prisoners that will be released early in (a) North Lanarkshire, (b) South Lanarkshire and (c) Falkirk, in light of the statement by the Cabinet Secretary for Justice and Home Affairs on 16 May 2024.
Answered by Constance, Angela - Cabinet Secretary for Justice and Home Affairs
I am interpreting your question as relating to the number of prisoners who may potentially be released early under emergency release powers.
Section 11 of the Bail and Release from Custody (Scotland) Act 2023 (which came into force on 26 May) provides Ministers with a power to release prisoners in emergency situations. I have now laid draft regulations for emergency release, setting out the eligibility criteria, for Parliament’s consideration and approval.
The number of prisoners that would be released in specific geographical areas would depend on a number of factors, including the composition of the prison population at the relevant time and the application of the Governor’s veto, for example.
Mentions:
1: None We tend to use electronic monitoring in bail situations. - Speech Link
2: None I spoke to the committee about that previously when we talked about bail and release. - Speech Link
3: None The Crown opposed bail and the sheriff remanded her. - Speech Link
4: None I have talked about halfway houses, bail hostels and supervised bail hostels and GPS monitoring, and - Speech Link
5: Dowey, Sharon (Con - South Scotland) We have, for example, a presumption against short sentences and a presumption for bail. - Speech Link
Mentions:
1: Constance, Angela (SNP - Almond Valley) regulations before Parliament last week to seek approval to use the emergency release power in the Bail - Speech Link