In Scotland it is for the court to decide whether to remand an accused person in custody or grant Bail which will allow them to remain in the community. In making this decision the court will take into account the nature and seriousness of the case and the individual's history and circumstances.
One of the main objectives of bail is to avoid the use of custody in cases where it is not appropriate or required in the interests of public safety. Priority groups for the consideration of bail include - young people aged 16-17 years, single parents, women accused, those with drug or alcohol problems and persons with mental health or learning difficulties.
A person released on Bail they must comply with four standard conditions. These are:
- To appear before the court on due date as directed
- Not to commit a further offence
- Not to interfere with victims or witnesses or in any other way obstruct the course of justice
- Make themselves available for interview as required for the completion of any reports requested by the court
In addition to these standard conditions a court may impose additional conditions as considered appropriate. These can include for example, a requirement to stay at a designated address, a restriction on the movements of the accused prohibiting them from entering certain areas, for example, the scene of the alleged offence.
Bail Services
To assist the court the local Criminal Justice Social Work Services provide a range of services. These can include Bail Information Services which can provide more detailed information about the alleged offender and their circumstances
In addition Bail Supervision Services can be used to provide supervision and support in the community. These services can both monitor the accused and help support their compliance with their Bail conditions.
During the reporting period 2007-08 courts made a total of 7,957 requests for Bail Information and a total of 729 Bail Supervision cases were commenced. Full statistical information can be found in the Criminal Justice Social Work Statistics Bulletin 2007-08 published in December 2008.