NEW legislation which proposes changes to the way imprisonment is used in Scotland has been published.
The Bail and Release from Custody (Scotland) Bill will refocus the way remand is used, with an emphasis on remand being reserved for those who pose a risk to public safety, or those who willfully fail to turn up for their trials meaning justice will not be delivered for victims.
The Bill also aims to give a greater focus to the rehabilitation and reintegration of people leaving prison to help them resettle in their communities.
The changes are designed to lead to greater public protection and victim safety and are intended to reduce crime, reoffending, and victimisation.
Proposals include the publication of new national standards for support for people leaving prison, ending release on a Friday or the day before a public holiday so people are better able to access support, and a new test the court needs to apply when deciding whether to refuse bail and to remand accused persons in custody.
The Bill will also enable the provision of information about prisoner release to victims’ organisations to inform the support they provide and will recognise complainer safety as a specific factor in how the court makes decisions on bail.
Justice Secretary Keith Brown said there will be a continued focus on cutting crime and reoffending, creating fewer victims.
Brown said: “We know short-term imprisonment disrupts families and communities, adversely affecting health, employment opportunities, and housing – the very things that we know prevent reoffending.
“This Bill recognises prison will always be necessary for the most serious cases, but we need to look again at how custody is used. The Bill sets out proposals which will refocus the use of remand and support the rehabilitation and reintegration of people leaving custody, for example through improved release planning and support.
“This is an important step in the Scottish Government’s commitment to transforming the justice sector and a commitment to refocus how imprisonment is used. We know our approach is working, reconviction rates and recorded crime are at historically low levels."
Brown visited HMP Edinburgh following the publication of the Bill.
He told the PA news agency the changes are intended to limit “damaging effects” for those kept on remand, which he described as a “cost to society”.
“We want to make sure we can limit that damage where possible, but it will be done consistently with public protection, as the courts have always done,” Brown said.
“If somebody doesn’t present a danger to the public, if they don’t present a danger to the justice system – and by that I mean they’re not in danger of trying to tamper with a jury, or to continually not appear in court when they should appear in court – then they can be released on bail.”
Jamie Greene, justice spokesman for the Scottish Conservatives, labelled the Bill as “reckless” and suggested it “risks endangering public safety”.
Greene said: “This reckless Bill is designed to empty Scotland’s prisons at a time when violent and serious crime is rising. It risks endangering public safety and frankly is an insult to victims of crime.
“As well as giving SNP ministers sweeping powers to release prisoners early without parliamentary scrutiny, a blanket move to increase the number given bail is complete madness.”
