The Scottish Government is committed to implementing all elements of the Bail and Release (Scotland) Act 2023 (“the 2023 Act”).

The sections of the Act are being commenced at different times, with the timeline being influenced by multiple factors, including engagement with stakeholders around resource and readiness, whilst taking account of the wider priorities in the justice landscape.

We have already commenced various sections of the 2023 Act. This includes all of part 1 of the 2023 Act which relates to bail and bail decision making. Section 11 (Emergency Early Release), Section 14 (Prescribed Victim Support Organisations), and Section 15 (Reporting on the operation of Part 2: Release) have all been commenced.

This Government has been leading justice partners in efforts to manage the complex and high prison population, for an extended period of time. Resources within SG, the SPS, justice social work and other partners have been focussed on delivering changes in legislation and prison operations related to safely managing and reducing the prison population in Scotland.