Sheriffs lack confidence in using alternatives to remand, MSPs told

Sheriffs lack confidence in alternatives to remand, leaving some people stuck in a “no man’s land” within the justice system, MSPs have heard.

Holyrood’s Criminal Justice Committee heard from a number of groups in the justice sector as part of its scrutiny of upcoming legislation to reform the use of bail and the arrangements for releasing prisoners.

The Bail and Release from Custody (Scotland) Bill aims to ensure that remand is mainly used as a last resort by courts and to provide those leaving custody with greater opportunities for rehabilitation.

At the start of the committee’s session, Conservative MSP Russell Findlay noted that remand prisoners make up almost 30% of Scotland’s prison population.

He said the rate is “much higher” than elsewhere in the UK.

Charlie Martin of the Wise Group – an organisation which provides mentoring services to reduce reoffending – said people are spending increasingly long periods on remand.

He said he believes there is “an element of a lack of… confidence” among sheriffs on use of the alternatives to remand.

“We do know that the provision of supervised bail is not consistent on a national basis,” Mr Martin added.

“Part of the problem for people on remand is that they are in effect in the no man’s land of the criminal justice system.”

He said the Bill presents an opportunity for tackling this by providing more through-care services.

Tracey McFall, of the Criminal Justice Voluntary Sector Forum, also gave evidence to the committee.

She said charities should play a greater role in the arrangements for prisoners leaving custody.

Ms McFall said: “Right now currently, the third sector are not named in the Bill.

“That’s something that has to be explored and potentially the role of the third sector is critical.”