Ministers warned of ‘risk of enshrining flawed legislation’ in justice Bill

Ministers have been warned they could be “enshrining flawed legislation” by seeking to pass reforms to bail and prisoner release before Holyrood breaks for its summer recess.

MSPs will sit late on Wednesday to consider proposals put forward by the Scottish Government in the Bail and Release from Custody (Scotland) Bill, with a final vote on the legislation scheduled for Thursday.

Labour justice spokeswoman Pauline McNeill described it as a “significant and complex piece of legislation” which deserves to be scrutinised by all MSPs.

She warned: “This Bill cannot be yet another rushed SNP Bill that fails to deliver for the people of Scotland.”

The Bill changes the law so offenders are not freed from prison on Fridays, or the day before public holidays, to ensure they can access support upon their release.

It also makes changes to the bail system used by courts to decide if accused persons should be kept in custody ahead of trial.

However organisations such as Scottish Women’s Aid have voiced concern the reforms could allow “convicted repeat and serial abusers” to be granted bail, allowing them to remain in the community.

The Conservatives have branded as “dangerous” parts of the legislation that will allow judges and sheriffs to reduce prison sentences to take into account the time an offender has spent on bail while being monitored with an electronic tag.

Speaking ahead of Wednesday’s debate, Ms McNeill warned: “The decision to rush through this Bill before recess risks enshrining flawed legislation.

“Victims’ rights organisations and members of the legal profession have been clear about the many flaws that this Bill has – but so far the Government has failed to decisively address them.

“Ministers have struggled from the Bill’s introduction to explain exactly what they expect it to achieve. That they are unable to do so at this late stage is unacceptable.”

A spokesperson for parliamentary business minister George Adam said Labour had backed having all the proposed amendments to the Bill debated in one sitting at Holyrood on Wednesday.

The spokesperson said: “Labour don’t seem to know what they want.

“If they had wanted to have the amendment section of the Bail and Release Bill over two days, they should have backed the Scottish Government’s plan to do so – instead of urging it to be over one day.”