This item was published during the term of a previous administration that ended in April 2007
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Guidance on bail for murder suspects
28/07/2006
The Lord Advocate, Lord Boyd of Duncansby QC, has today issued guidance to prosecutors which clarifies the approach to be adopted by the Crown when bail or variations to bail conditions are sought for those accused of murder.
The key points in the guidance are:
- At the first court hearing in all murder cases bail will be opposed. If bail is granted despite Crown opposition, then this will be appealed
- The Crown's attitude to bail will be reviewed at each stage of the subsequent proceedings, but bail will not be consented to by the Crown at any stage in the proceedings without the explicit instructions of Crown Counsel
- In the three courts where pilot arrangements are in place (Glasgow, Kilmarnock and Stirling) to allow for the accused to be electronically tagged whilst on bail, particular consideration will be given to whether electronic tagging is appropriate and, if granted, whether it should be appealed
- In all matters of bail and electronic tagging in murder cases, as long as it is considered that opposition to bail or electronic tagging restrictions is appropriate, that opposition will be maintained and decisions to grant will be appealed
Whether any accused is released on bail pending trial for murder is ultimately a matter for the court (at first instance or on appeal). This guidance assists prosecutors in adopting an appropriate and consistent position in relation to bail in murder cases, and to maintain that position in the public interest throughout the life of the case.
This is being achieved by clarifying the requirements on Procurators Fiscal to address the issues of bail and electronic tagging in all the reports that are considered by Crown Counsel in the course of a murder case. The guidance also sets out the information which is required to properly inform decisions about the Crown's attitude to bail. This information will include the police assessment of the risks posed by the accused and his associates, and the potential impact on the community if he were to be liberated.