This item was published during the term of a previous administration that ended in April 2007
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Amendment to Criminal Justice Bill
14/11/2002
The Executive will bring forward an amendment to the
Criminal Justice Bill to enable the Crown to have the
formal right to be heard at bail appeal hearings, the
Parliament was told today.
Opening the crime debate, Lord Advocate Colin Boyd QC
made clear that bail decisions were a matter for judges,
but also said that there was a need to ensure the public
have confidence in the courts and decisions taken by the
courts.
When those decisions are made on bail hearings, it is
essential that the court has all the information possible
available to them, and that the judiciary can then make an
informed judgement on the granting, or not, of bail
applications.
Mr Boyd said:
"The Executive is committed to the continuous
improvement of the criminal justice system. We need the
right legislative framework and resources in place to
deliver our priorities.
"We also recognise the need to sometimes stand back and
reappraise how the system works in the round. We cannot say
"Nothing can change until everything changes". Where
particular issues or difficulties arise, we need to tackle
them timeously.
"For example, we have already announced that we are
reviewing the effectiveness of the law covering offending
on bail. That review is due to be completed by mid
2003.
"Our strategy is to minimise the use of custody wherever
possible. This includes remand in custody. But we also need
to ensure that the judiciary and the public have the
confidence that there are adequate deterrents against the
abuse of bail.
"It is right that the courts have all the information
that is available and the bail supervision options they
need to take a decision in favour of bail.
"We have therefore decided to look at the reasons for
the current pattern of bail and remand and the way in which
bail operates in practice.
"We are extremely conscious of the public and
parliamentary concern aroused by the fact that where a
convicted person seeks bail pending appeal, the Crown has
no formal right to be heard by the court.
"The simplest option is to give the Crown a right to be
heard at the initial bail hearing, and a subsequent right
of appeal against grant of bail."
"The First Minister indicated to Parliament in September
that the Executive is committed to giving our courts the
opportunity to have all the information they need when
taking critical bail decisions. Discussions with the
judiciary have led us to conclude that amendment to
legislation is the best way to proceed.
"We intend to discuss this further with the Convenor of
the Justice 2 Committee, with a view to securing consensus
over a package of amendments which can be included in the
current Criminal Justice Bill."