This item was published during the term of a previous administration that ended in April 2007
Listen
Bail and remand paper published
28/06/2004
A consultation on the use of bail and remand in Scotland
is being launched today by the Sentencing Commission for
Scotland.
The Sentencing Commission, which was set up in November
2003 under the chairmanship of the Rt Hon Lord MacLean, has
been invited by the Scottish Executive to review and make
recommendations on the use of bail and remand as a matter
of priority. Alongside this topic the Commission has also
been invited as a matter of priority to review and make
recommendations on the statutory regime governing the early
release of prisoners.
In the seven meetings it has held since its inception
the Commission has been concentrating on these matters but
it has also been examining the purposes and principles of
sentencing which bear upon the various elements of its
remit.
Commenting on the launch of the consultation paper Lord
MacLean said:
"The challenge for the Commission in reviewing bail and
remand is to balance the rights of the accused with
interests of public safety and the smooth operation of
judicial proceedings. People must not be deprived of their
liberty without good reason before they are found guilty of
an offence.
"On the other hand, it is necessary to protect the
public from accused persons who there is good reason to
believe may commit further offences or attempt to
intimidate witnesses while on bail. It is also necessary
in the interests of the administration of justice to remand
in custody those who there is good reason to suppose may
abscond or simply fail or refuse to appear at court.
"In carrying out our review the Commission needs to
analyse the situation thoroughly, identifying the key
issues and determining whether beneficial change could be
promoted by legislation, guidance, improved information,
procedural change, including change to bail appeal and
review arrangements, service resource provision or other
means.
"This consultation document seeks views on the key
questions that we have so far identified. We recognise
that there may be other factors involved and so responses
do not need to be confined only to the questions on which
we seek views.
"What we seek is a bail and remand system which strikes
the right balance between the rights of individuals, the
safety of the public and the efficient and effective
administration of justice by achieving the following
aims:
* ensuring that accused persons are remanded in custody
only where there is good reason(s) to do so;
* ensuring that accused persons attend for trial;
* ensuring public safety during the court process by
preventing offending on bail;
* preserving the integrity of the court process by
ensuring that victims and witnesses are adequately
protected;
* applying appropriate sanctions for breach of bail.
"So as to strike the right balance in achieving these
aims it is vital that we hear what those involved in this
complex area of our criminal law have to say as well as
hearing what the general public have to say. It would be
wrong to rush into making recommendations about change
without listening to, and taking account of, these
views.
"We are inviting responses to this consultation by the
end of September with the object of providing our report
and recommendations by the end of 2004."
A copy of the consultation document, and details of the
Commission's membership, is available at
www.scottishsentencingcommission.gov.uk.
Under its Partnership For A Better Scotland, the
Scottish Executive undertook to set up a judicially-led
Sentencing Commission to review sentencing and make
recommendations on:
- the use of bail and remand
- the basis on which fines are determined
- the effectiveness of sentences in reducing
re-offending
- the scope to improve consistency of sentencing
- the arrangements for early release from prison, and
supervision of short term prisoners on their
release.