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Increased funding for bail supervision
24/01/2008
An extra £500,000 per year for supervised bail schemes was announced today.
The schemes are primarily designed to minimise, subject to safeguards in respect of public safety, the numbers of accused held on remand in custody pending trial or for reports after conviction. They allow the accused to be released on supervised bail to the community pending a further court hearing.
Priority for targeting of bail supervision will be given to those with mental health problems, women, single parents and young people aged between 16 and 21.
It's hoped the additional investment on top of the existing annual £1.2m will help significantly increase overall capacity. The Government is also issuing updated guidance on bail supervision to local authorities. This will require them to ensure the provision of such schemes is based on a more consistent model of delivery.
Justice Secretary Kenny MacAskill said:
"Our intention is to ensure that bail supervision is available to all Scottish courts - this additional funding will help achieve that goal. However we also want to encourage better local liaison between service providers and courts and a more consistent service across the country.
"Of course the decision on whether an accused is bailed or remanded is for the court to make and that will remain the case. If a court considers the interests of public safety are best served by remanding an accused pending their trial, then the court will still be able to remand that accused. Nothing will change in that respect.
"However at the moment Scotland's remand population is unacceptably high so by providing extra financial support we can help ease some of the pressure on the system. Supervised bail is designed to provide courts with an additional option where the accused might otherwise have been remanded.
"As I have made clear on many occasions, I strongly believe that prison should be for serious and dangerous offenders - not the flotsam and jetsam of society. Extending these schemes will mean that women, single parents and those with mental health problems aren't clogging up our jails
"Recently introduced reforms should ensure that all those given bail are now left in no doubt where they stand with judges providing a clear explanation of what conditions have been imposed. Increased sentences are also available for breach of bail. These reforms are aimed at increasing respect for and public confidence in the bail system."
Tim Richley, Criminal Justice Advisor at SACRO, said:
"Sacro very much welcomes the Scottish Government's review of Supervised Bail and the associated guidance. This review, and the additional investment in Bail Supervision, has the potential to reduce unnecessary and costly remands to custody.
"Robust Bail Supervision schemes are a move away from a wasteful and destructive reliance on custody and will, therefore, assist in the overall goal of a safer Scotland."
Bail supervision provides courts with a robust and cost-effective alternative to remand, allowing the accused to remain in the community while undertaking offending behaviour work, with signposting at an early stage to other services which should reduce the likelihood of re-offending and also it ensures they attend court on the due date. Of course, if a court considers the interests of public safety are best served by remanding an accused pending their trial, then the court will still be able to remand that accused. Nothing will change in that respect.
The schemes will identify individuals who might otherwise be remanded to custody but based on assessed need can, with the support of bail supervision, be safely released on bail. Priority for targeting of bail supervision, will be given to those with mental health problems, women accused, single parents and young people aged between 16 and 21.
Assessment for bail supervision will need to take account of a number of matters such as the nature of any outstanding charges (including breaches of bail); public safety; witness safety; previous failure to appear/absconding; previous offending; suitability of accommodation; problem areas in the individual's life that may require support during the bail period; any drug or alcohol issues; employment and commitments for child care or dependants.
Schemes are provided by local authority criminal justice social work services either directly or through voluntary service partners. Funding in the current financial year amounts to over £1.2m. We propose to allocate an additional £0.5m for bail supervision per year for the Spending Review period which will allow a significant increase in overall capacity.
Our intention is to ensure that bail supervision is available to all courts and we will seek to promote confidence in the use of the disposal by encouraging better local liaison between service providers and courts, and by seeking the assistance of the Judicial Studies Committee. We also want to see a more consistent service across the country. We have recently undertaken a review of the existing guidance on which schemes currently operate. The review group was made up of representatives of the Sheriff's Association, the Association of Directors of Social Work, the voluntary sector (SACRO), SCS, the Crown Office and Scottish Government officials.
Whilst it is acknowledged that detailed arrangements are determined to a large extent by existing local working procedures and practices of police, procurators fiscal and courts, which vary across the country, there are, however, certain minimum standards which require to be met by all schemes. The principal change from the earlier guidance and current practice in a number of schemes is in relation to the more restrictive role of the bail officer. This is designed to provide accused with supervision and general support plus signposting to other services. By allowing bail officers to focus on core tasks with accused, it is anticipated that this might increase the capacity and throughput of individual schemes. In 2005-06, 774 individuals were subject to supervised bail.