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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."

Page updated: Thursday, July 22, 2004