An Evaluation of the Use of Electronic Monitoring as a Condition of Bail in Scotland

DescriptionThis report presents the findings of an evaluation of the EM bail pilot scheme operating in Glasgow, Kilmarnock and Stirling Sheriff Courts and the High Court sitting in Glasgow, commencing in April 2005.
ISBN97807559 66530
Official Print Publication DateJune 2007
Website Publication DateJune 20, 2007

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Monica Barry
Margaret Malloch
Kristina Moodie
Social Work Research Centre, University of Stirling

Mike Nellis
University of Strathclyde

Martin Knapp 1,2
Renee Romeo 1
Sujith Dhanasiri 1
King's College London& London School of Economics 2

Scottish Executive Social Research 1
2007

ISBN 978 0 7559 6653 0 (Web only publication)

This document is also available in pdf format (1.1Mb)

Contents

ACKNOWLEDGEMENTS

EXECUTIVE SUMMARY

CHAPTER ONE INTRODUCTION
BACKGROUND
THE DEVELOPMENT OF ELECTRONIC MONITORING
POST-SENTENCE ELECTRONIC MONITORING IN SCOTLAND
ELECTRONIC MONITORING AS A CONDITION OF BAIL IN SCOTLAND
THE OPERATION OF ELECTRONIC MONITORING ON BAIL
LAYOUT OF REPORT

CHAPTER TWO THE RESEARCH METHODS
INTRODUCTION
AIMS AND OBJECTIVES OF THE RESEARCH
THE COLLECTION OF DATA
CONCLUSIONS

CHAPTER THREE THE REFERRAL PROCESS
INTRODUCTION
APPLICATIONS FOR ELECTRONIC MONITORING ON BAIL
OUTCOMES OF APPLICATIONS FOR ELECTRONIC MONITORING ON BAIL
THE PROCESS OF APPEAL
THE USE OF SECTION 24A(2)
CONCLUSIONS

CHAPTER FOUR THE OPERATION OF ELECTRONIC MONITORING ON BAIL
INTRODUCTION
FEATURES OF ELECTRONIC MONITORING ON BAIL ORDERS
FAILURES TO COMPLY AND BREACH
AGENCY CAPACITY AND INTER-AGENCY COOPERATION
CONCLUSIONS

CHAPTER FIVE PERCEPTIONS OF THE EFFECTIVENESS OF ELECTRONIC MONITORING ON BAIL
INTRODUCTION
PERCEPTIONS OF APPROPRIATE APPLICANTS FOR EM BAIL
REDUCING THE USE OF CUSTODY
OFFERING ADDITIONAL SECURITY
REDUCING INTIMIDATION OF WITNESSES
PERSPECTIVES OF VICTIMS' REPRESENTATIVES
COMPARISON COURT OUTCOMES
CONCLUSIONS

CHAPTER SIX ECONOMIC EVALUATION OF ELECTRONIC MONITORING AS A CONDITION OF BAIL
INTRODUCTION
METHODS
COST AND PROBABILITY
COMPARATIVE COSTS
CONCLUSIONS

CHAPTER SEVEN CONCLUSIONS
INTRODUCTION
THE USE OF ELECTRONIC MONITORING ON BAIL IN SCOTLAND
INTER-AGENCY COLLABORATION
REDUCING CUSTODIAL REMANDS
INCREASING PUBLIC SAFETY
COMPLIANCE WITH ELECTRONIC MONITORING ON BAIL
THE COMPARISON DATA
THE COSTS OF ELECTRONIC MONITORING ON BAIL
OVERALL PERCEPTIONS OF ELECTRONIC MONITORING ON BAIL
CONCLUDING REMARKS

ANNEX 1 PRESS COVERAGE OF ELECTRONIC MONITORING AND BAIL IN SCOTLAND
ANNEX 2 CONSENT FORM AND INFORMATION SHEET FOR BAILEES
ANNEX 3 INTERVIEW SCHEDULE GUIDELINES
ANNEX 4 LOG LINEAR ANALYSES
REFERENCES

LIST OF TABLES

2.1 PILOT AND COMPARISON COURT CHARACTERISTICS
3.1 NUMBER OF EM BAIL APPLICATIONS PER MONTH PER COURT
3.2 AGE OF APPLICANTS FOR EM BAIL
3.3 NUMBERS PER CATEGORY OF PRESENTING OFFENCE BY EM BAIL GRANTED
3.4 NUMBER OF PRESENTING OFFENCES BY AGE
3.5 OFFENDING HISTORIES OF EM BAIL APPLICANTS
3.6 SUITABLE VERSUS UNSUITABLE REPORTS BY COURT
3.7 LENGTH OF CUSTODIAL REMAND BETWEEN FIRST AND SECOND BAIL HEARING
3.8 APPLICATIONS REFUSED OUTRIGHT VERSUS SUITABILITY REPORTS REQUESTED
3.9 NUMBERS CONVERTING FROM APPLICATION TO GRANTING OF EM BAIL
3.10a NUMBER OF APPLICATIONS BY SHERIFF AT EACH HEARING-(ALL SUITABILITY REPORTS)
3.10b NUMBER OF APPLICATIONS BY SHERIFF AT EACH HEARING-(SUITABLE REPORTS ONLY)
3.11 DEFENCE APPEALS BY SHERIFF COURT
3.12 MURDER AND RAPE OFFENCES CONSIDERED FOR EM BAIL
4.1 NUMBER OF FAILURES TO COMPLY WITH EM BAIL
4.2 TYPE AND FREQUENCY OF FAILURES TO COMPLY
4.3 HOURS OF CURFEW BY FAILURE TO COMPLY
4.4 REASON FOR TELEPHONE CONTACT BETWEEN RELIANCE/ SERCO AND THE POLICE
4.5 OFFICERS INVOLVED IN FAILURE TO COMPLY NOTIFICATIONS
4.6 BREACH PROCEEDINGS BROUGHT BY THE PROCURATORS FISCAL
4.7 NUMBER OF NEW OFFENCES ASSOCIATED WITH BREACH PROCEEDINGS
4.8 REASON FOR BREACH PROCEEDINGS BEING BROUGHT
4.9 OUTCOMES OF BREACH PROCEEDINGS FOR BREACH OF BAIL
4.10 OUTCOMES OF BREACH PROCEEDINGS FOR NEW OFFENCES
4.11 SENTENCES GIVEN FOLLOWING GUILTY VERDICTS FOR BREACH OF BAIL
4.12 TIME FROM EM BAIL APPLICATION TO TRIAL OUTCOME
4.13 FINAL DISPOSAL FOR THE ORIGINAL OFFENCE FOR THOSE GRANTED AND REFUSED EM BAIL
5.1 TOTAL NUMBERS OF CUSTODIAL REMANDS AND BAIL ORDERS BY COURT
5.2 STIPULATED LENGTH OF FINAL CUSTODIAL SENTENCE
5.3 COMPARISON COURTS: REMAND STATUS BY OUTCOME OF FIRST HEARING
5.4 COMPARISON COURTS: NUMBER OF PRESENTING OFFENCES BY OUTCOME OF FIRST HEARING
5.5 COMPARISON COURTS: NUMBER OF PREVIOUS OFFENCES BY OUTCOME OF FIRST HEARING
5.6 PILOT COURTS: NUMBER OF PREVIOUS OFFENCES BY WHETHER EM BAIL GRANTED
5.7 PILOT COURTS: LENGTH OF TIME FROM FIRST HEARING TO TRIAL OUTCOME
5.8 COMPARISON COURTS: LENGTH OF TIME FROM FIRST HEARING TO TRIAL OUTCOME
6.1 SUMMARY OF COSTS PER CASE INCURRED BY VARIOUS AGENCIES
6.2 SUMMARY OF PROBABILITIES USED IN THE MODEL
6.3 COMPARATIVE COSTS BETWEEN EM BAIL AND CUSTODIAL REMAND TAKING INTO ACCOUNT THE BACKDATING OF CUSTODIAL SENTENCES

LIST OF FIGURES

1.1 THE PROCESS OF EM BAIL
3.1 OUTCOMES OF EM BAIL APPLICATIONS PER COURT
6.1 THE EM BAIL PROCESS
6.2 FAILURE TO COMPLY
6.3 COMPARISON OF COSTS OVER 16 MONTH PILOT - EM BAIL PROCESS
6.4 COMPARISON OF COSTS OVER 16 MONTH PILOT - FAILURE TO COMPLY
6.5 COMPARISON OF COSTS OVER 16 MONTH PILOT - EM BAIL PROCESS INCLUDING COST CONSEQUENCES OF CRIME
6.6 COMPARISON OF COSTS OVER 16 MONTH PILOT - FAILURE TO COMPLY INCLUDING COST CONSEQUENCES OF CRIME
6.7 SENSITIVITY ANALYSIS FOR DAYS ON REMAND PENDING SUITABILITY