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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

This is a Government bill

The Bill became an Act on 1 August 2023

Introduced: the Bill and its documents

Overview

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

When a person accused of a crime appears in court, the court has to decide whether they should be remanded in custody or remain in the community on bail while they await their trial.

Part 1 of the Bill makes changes to the current law relating to bail in four areas:

  • requiring justice social work to be given the opportunity to provide information to the court when making decisions about bail
  • changing the test that the court must apply when making decisions about bail
  • requiring the court to record reasons for refusing bail
  • allowing time spent on electronically monitored bail to be counted as time served against a custodial sentence

Part 2 of the Bill makes changes to some prisoner release arrangements and the support provided to those being released. These include:

  • preventing prisoners from being released on:
    • Fridays or the day before public holidays (adding to the existing requirement that prisoners are not released on Saturdays, Sundays and public holidays)
    • Thursdays in some circumstances
  • replacing home detention curfew for long-term prisoners with a new system that will allow them to be temporarily released to support their reintegration – subject to risk assessment and consultation with the Parole Board
  • giving the Scottish Ministers power to release certain prisoners early in emergency situations to protect the security and good order of prisons or the health, safety or welfare of those in prison
  • requiring certain public bodies (for example local authorities and health boards) to engage in release planning for prisoners
  • requiring the Scottish Ministers to produce minimum standards for throughcare support, provided to prisoners throughout their time in prison and during their transition back into the community
  • allowing victim support organisations to receive certain information about prisoners, including about the release of prisoners

Why the Bill was created

The Scottish Government has introduced the Bill to deliver on its commitment to refocus how imprisonment is used. The Bill aims to ensure that, as much as possible, the use of custody for remand is a last resort for the court.

The Bill also aims to give a greater focus to the rehabilitation and reintegration of individuals leaving custody. For example, through the provision of improved support for people leaving prison and access to structured and monitored temporary release. It is intended that this would support a reduction in the risk of future reoffending, improving public safety.

Accompanying Documents

Explanatory Notes (185KB, pdf) posted 10 June 2022

Policy Memorandum (518KB, pdf) posted 10 June 2022

Financial Memorandum (332KB, pdf) posted 10 June 2022

Delegated Powers Memorandum (215KB, pdf) posted 10 June 2022

Statements on legislative competence (101KB, pdf) posted 10 June 2022 

Accompanying Documents (print versions)

Explanatory Notes (209KB, pdf) posted 08 June 2022

Policy Memorandum (597KB, pdf) posted 08 June 2022

Financial Memorandum (289KB, pdf) posted 08 June 2022

Delegated Powers Memorandum (272KB, pdf) posted 08 June 2022

Statements on legislative competence  (145KB, pdf) posted 08 June 2022

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

Research briefing on the Bail and Release from Custody (Scotland) Bill


The Bill was introduced on 8 June 2022

Stage 1: general principles

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Timetable

On 7 December 2022, the Parliament agreed motion S6M-07121, that consideration of the Bail and Release from Custody (Scotland) Bill at Stage 1 be completed by 17 March 2023.

Lead committee examines the Bill

The lead committee for this Bill is the Criminal Justice Committee.

Committee Adviser 

The Criminal Justice Committee appointed Chris Miller, Advocate to the position of adviser. 

Call for views (closed)

The Criminal Justice Committee held a call for views to help inform its examination of the Bill.

Read the call for views

The call for views closed on 8 September 2022.

Meetings of the lead committee

Engagement

On 30 November 2022, the Committee met informally with survivors of serious crime. The following note summarises the key themes to emerge from the discussion and the views expressed by the participants.

Note of informal engagement with survivors of crime (186KB, pdf) posted 17 January 2023

On 9 December 2022, Jamie Greene MSP visited the Shine Women’s Mentoring Service in Edinburgh. The following note summarises the key themes to emerge from the discussion.

Note of visit to Shine Women's Mentoring Service (90KB, pdf) posted 19 January 2023

Correspondence: lead committee

Bail and Release from Custody (Scotland) Bill Crown Office Response

Letter from the Crown Office and Procurator Fiscal Service to the Convener, 16 March 2023

Scottish Government Response to the Committee's Stage 1 Report on the Bail and Release from Custody (Scotland) Bill

Letter from the Cabinet Secretary for Justice and Veterans to the Convener, 14 March 2023

Scottish Government Follow-up Evidence

Letter from the Linsay Mackay, Criminal Justice Division, Scottish Government to the Clerk, 22 February 2023

Bail and Release from Custody Bill Follow-up Questions

Letter from the Scottish Prison Service to the Convener, 20 February 2023

Bail and Release from Custody (Scotland) Bill at Stage 1

Letter from the Scottish Grocers' Federation and Retailers Against Crime to the Clerk, 13 February 2023

See a full list of Stage 1 correspondence

Stage 1 report by the lead committee

The lead committee published its report on 6 March 2023.

Bail and Release from Custody (Scotland) Bill Stage 1 report

The Committee received the following responses to its report:

Scottish Government response to the Stage 1 report on the Bail and Release from Custody (Scotland) Bill (397KB, pdf) posted 14 March 2023

Work by other committees

Delegated Powers and Law Reform Committee

Meetings

Report

The Delegated Powers and Law Reform Committee published its report on 10 January 2023

Read the report


Finance and Public Administration Committee

Finance and Public Administration Committee Correspondence

Bail and Release from Custody (Scotland) Bill - Letter to Criminal Justice Committee

Letter from the Convener to the Convener of the Criminal Justice Committee of 5 December 2022


Stage 1 Debate and decision

A Stage 1 debate took place on 16 March 2023 to consider and decide on the general principles of the Bill.

  • Motion title: Bail and Release from Custody (Scotland) Bill
  • Text of motion: That the Parliament agrees to the general principles of the Bail and Release from Custody (Scotland) Bill.     
  • Submitted by: Keith Brown
  • Date lodged: Tuesday, 14 March 2023
  • Motion reference: S6M-08220
  • Current status: Taken in the Chamber on Thursday, 16 March 2023

Result 70 for, 29 against, 19 abstained, 11 did not vote Vote Passed

See further details of the motion


Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 16 March 2023

Stage 2: changes to the Bill

At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them. 

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

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

Revised Documents (print versions)

Revised Explanatory Notes (285KB, pdf) posted 16 June 2023

Supplementary Financial Memorandum (195KB, pdf) posted 02 June 2023

Supplementary Delegated Powers Memorandum (525KB, pdf) posted 01 June 2023

Work by other committees

Delegated Powers and Law Reform Committee

Meetings


The Bill ended Stage 2 on 17 May 2023

Stage 3: final changes and vote

At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them.  There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law. 

Debates on proposed amendments

Documents with the amendments considered at the meeting held on 21 June 2023:

Marshalled List of Amendments for Stage 3 (328KB, pdf) posted 15 June 2023

Timed Groupings of Amendments for Stage 3 (784KB, pdf) posted 20 June 2023

Final version of the Bill

Final debate on the Bill

Once MSPs have decided on the amendments, they debate whether to pass the Bill.

  • Motion title: Bail and Release from Custody (Scotland) Bill
  • Text of motion: That the Parliament agrees that the Bail and Release from Custody (Scotland) Bill be passed.
  • Submitted by: Angela Constance
  • Date lodged: Monday, 19 June 2023
  • Motion reference: S6M-09599
  • Current status: Taken in the Chamber on Thursday, 22 June 2023

Result 66 for, 44 against, 0 abstained, 19 did not vote Vote Passed

See further details of the motion


Parliament decided to pass the Bill

Printing changes

Printing changes are changes to the text of a Bill. They will not change the legal effect of the Bill.

Bail and Release from Custody (Scotland) Bill printing changes after Bill as passed (152KB, pdf) posted 19 July 2023

The Bill ended Stage 3 on 22 June 2023

Bill becomes an Act