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Bills and Laws

Bail and Release from Custody (Scotland) Bill

The Bill makes changes to the law in two main areas:

  • decisions about granting bail to people accused of a crime
  • arrangements for the release of some prisoners and the support that is provided to those who leave prison

The Bill was passed on 22 June 2023 and became an Act on 01 August 2023


Contents


Stage 2 - Changes to detail

MSPs can propose changes (“amendments”) to the Bill. The amendments are considered and decided on by a committee.

The Bill ended Stage 2 on 17 May 2023

Timetable

On 26 April 2023, Parliament agreed motion S6M-08703, that consideration of the Bail and Release from Custody (Scotland) Bill at stage 2 be completed by 19 May 2023

First meeting on amendments

Documents with the amendments considered at the meeting held on 10 May 2023. 

First Marshalled List of Amendments for Stage 2 (756KB, pdf) posted 04 May 2023

First Groupings of Amendments for Stage 2 (879KB, pdf) posted 04 May 2023


Read the minutes of proceedings

Meeting on 10 May 2023

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Second meeting on amendments

Documents with the amendments considered at the meeting held on 17 May 2023.

Second Marshalled List of Amendments for Stage 2 (653KB, pdf) posted 12 May 2023

Second Groupings of Amendments for Stage 2 (642KB, pdf) posted 12 May 2023


Read the minutes of proceedings

Meeting on 17 May 2023

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Bill as amended at Stage 2

Bail and Release from Custody (Scotland) Bill as amended (558KB, pdf) posted 17 May 2023

Additional information from the Scottish Government on the Bill following Stage 2

Supplementary Delegated Powers Memorandum

Bail and Release from Custody (Scotland) Bill supplementary delegated powers memorandum (190KB, pdf) posted 05 June 2023

Bail and Release from Custody (Scotland) Bill supplementary delegated powers memorandum (print version) (525KB, pdf) posted 01 June 2023

Information on the powers the Bill gives the Scottish Ministers and others to make “secondary legislation” (usually regulations) and to the Scottish Ministers (such as to make guidance).

After Stage 2 proceedings

Delegated Powers and Law Reform Committee

Meeting on 13 June 2023

Report published on 14 June 2023