More than a quarter of the prisoners in Scotland last Christmas were on remand, new figures show. A freedom of information request found 2,062 people in the prison estate on Christmas Day 2021 had not been convicted of an offence.
The figure equates to 28 per cent of the 7,434 prisoners. The Scottish Government has committed to overhauling the bail system, through the Bail and Release from Custody (Scotland) Bill.
That would require courts only to refuse bail to an accused person if they present harm to the community, or their release pending trial would present a “significant risk of prejudice to the interests of justice”. The information request was made by the Scottish Liberal Democrats.
Scottish Lib Dem justice spokesman Liam McArthur said: “Increasing numbers of people are being held on remand without a trial having taken place. That’s bad for both the rights of the accused but also victims who are prevented from seeing justice done.
“There are also a stubbornly high number of prisoners on short sentences. This does nothing to make communities safer as we know that 60 per cent of people given ineffective and disruptive short sentences re-offend within a year of release.
He also pushed for an increase in funding for “robust community-based sentences”, which would “give our courts the confidence to use these measures and take pressure off our crowded prison estate”.
Mr McArthur added: “Targeted action is also required to tackle the backlog in cases and bring down the startling number of remand prisoners who have not yet been tried. The current situation does nothing for victims, the accused or the reputation of Scotland’s justice system.”
A Scottish Government spokesman said: “We remain committed to taking action to address the use of remand. The Bail and Release from Custody (Scotland) Bill is currently before Parliament, and seeks to refocus how custody can be used within the criminal justice system while ensuring public safety is protected.
“Providing robust and consistent alternatives to remand is also critical in reducing the use of remand. The Scottish Government has invested an additional £3.2 million in 2022 towards strengthening alternatives to remand, including further expansion of bail supervision.
“We have also commenced legislation to allow electronic monitoring of bail in Scotland providing a new option for courts considering imposing an alternative to remand. Over 200 people are now on electronically monitored bail.
“Whilst sentencing in any given case is a matter for the court, our firm focus remains on prevention, effective community interventions and rehabilitation, both in communities and a custody setting. Our evidence shows this is working with reconviction levels at the lowest level since comparable records began.”
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