Alleged killers held on remand may be tagged and freed

SOME alleged murderers and rapists held on remand would be tagged and released on bail under proposals to be put to the Scottish Executive this week.

The Sentencing Commission for Scotland will recommend that the tagging scheme, already operating for some convicted criminals, should be made available to judges as an option for remand prisoners.

But under proposals to up-date the bail system, the Commission, chaired by Lord MacLean, an appeal court judge, has thrown out demands for an end to a presumption that accused should be given bail, even if they face serious charges.

The Commission is also understood to be calling for tighter guidelines for granting bail - a response to concerns raised over apparent inconsistencies in decisions made by different courts.

Jack McConnell, the First Minister, set up the Commission in November 2003, in an effort to ensure a more consistent sentencing policy after a man from Grangemouth was controversially given a five-year sentence for raping a baby girl. The sentence given to James Taylor, 43, was subsequently increased to eight years by the Court of Appeal.

In its first report since it was established, the Commission is likely to call for guidance on sentencing to be put into law, which would require legislation in the Scottish Parliament. But yesterday, even before the publication of the report, politicians expressed reservations.

Kenny MacAskill, the Scottish National Party’s justice spokesman, said: "We have to allow the possibility of bail for murder and rape under the European Convention on Human Rights, but in practice it is unlikely to happen.

"Tagging works in some circumstances as another option for a sheriff, but it is no panacea. Those people who are a danger to the public should not be released on bail, tagged or untagged. Those people who are not a danger to the public should be released and should not be tagged at all."

Bill Aitken, the Scottish Tories’ chief whip, said that people charged with murder and rape were already being given bail.

Mr Aitken said that the Tories had opposed ending the "110-day rule" - the maximum period an accused could be held in custody awaiting trial. He said it was "farcical" that some serious cases, including murder, were taking more than a year to come to court.

Mr Aitken added: "The protection of society must come first, and there is a very real danger that those charged with murder might try to influence witnesses."

A spokesman for the Executive said: "The Commission was asked to look urgently at bail and remand because of the public concern over the issue. We cannot comment on a report before it is published."