Scottish ministers urged to provide ‘reassurance’ over planned bail changes

Organisations such as Women’s Aid and Rape Crisis Scotland must be given the “necessary reassurance” from ministers over planned changes to Scotland’s bail system, a Holyrood committee has said.

MSPs on the Scottish Parliament’s Criminal Justice Committee overall could not agree on whether the Bail and Release from Custody (Scotland) Bill should proceed.

Part of the legislation would see the repeal of current laws which mean bail can only be granted in exceptional circumstances in serious cases of violent, sexual or domestic abuse, where the accused person has a previous conviction for such crimes.

But the committee noted that organisations representing the victims of crime were “not convinced” by this, with Scottish Women’s Aid stating that this could allow “convicted repeat and serial abusers of domestic abuse, including those who have perpetrated sexual assaults against women and who present a particular danger to women’s safety” to be granted bail.

The organisation added: “Given women’s experiences of abusers being given bail, women need as much protection as the law can afford them.”

Meanwhile Rape Crisis Scotland told the committee it had “significant concerns” at the removal of “an important safeguard”.

MSPs said that as “organisations representing the victims of crime are not convinced by the repeal”, the Scottish Government “must have dialogue with them to provide the necessary reassurance regarding the impact of the repeal”.

The Bill aims to change the way remand is used by the courts, so accused people are only sent to prison ahead of a trial where they pose a risk to public safety.

It also looks at the release arrangements for prisoners, with the aim of improving the rehabilitation and reintegration of offenders back into the community.

With social workers being given an enhanced role in cases where bail is being concerned, some councils expressed concerns that Scottish Government has under-estimated the resources required for this.

After scrutinising the legislation four MSPs – all from the SNP and including committee convener Audrey Nicoll – backed the general principles of the Bill.

But three MSPs did not agree with the general principles, while Labour’s Pauline McNeill said the legislation should only proceed if ministers address the concerns that have been raised.

Ms Nicoll said while the committee noted the “the merits of many aspects” of the legislation, concerns from some members “over its overall purpose, its impact and around adequate resourcing mean we have not been able to reach a consensus on its general principles”.

The convener added: “The Bill would make a number of changes to the bail and release system in Scotland and it is fundamental that the rationale for these changes is made clear, and that detail of how these changes will be delivered and resourced is outlined.

“It’s now up to Parliament as a whole to decide whether this Bill proceeds.”

Conservative justice spokesman Jamie Greene, one of the three MSPs who were opposed to the Bill, said the “highly critical” committee report “makes it clear that victims are once again an afterthought for the SNP government”.

Mr Greene argued: “The Bail and Release Bill as it stands risks letting out thousands of criminals who pose a serious threat to the public by tying the hands of judges in their decision making.

“Organisations representing victims made it clear to the justice committee that narrowing the grounds for bail will inevitably lead to more criminals being freed to reoffend and traumatise victims.”