Fears overhaul of Scotland bail system will lead to 'increased danger' for victims

Concerns have been raised that plans to limit the circumstances in which criminal suspects can be denied bail will lead to "increased danger" for victims and their families.

Victim Support Scotland (VSS) said the "unfortunate reality" of proposed legislation is more people will commit crimes while on bail.

The Bail and Release from Custody (Scotland) Bill would require courts only to refuse bail to an accused person in the interests of public safety or if their release pending trial would present a “significant risk of prejudice to the interests of justice”. The legislation seeks to ensure the use of custody for remand is a last resort.

But VSS said it would be “a concern to the public in general and victims of crime specifically that the provisions relating to bail narrows the court’s discretion to refuse bail”.

Victim Support Scotland has raised concerns about new legislation

The organisation added: “We are concerned that this reduction in a judge’s decision-making discretion will lead to increased danger to victims of crime and their families.”

In written evidence submitted to Holyrood’s criminal justice committee, VSS said the safety of the complainer and public safety “should be a primary consideration when deciding whether to remand or bail an accused person”.

It called for a “more holistic approach”, including taking into account whether the accused had previously failed to attend court and the “specific risk that they may pose to individual victims of crime”.

The charity added: “We know from our experience that the risk to victims increases after a perpetrator has been arrested.”

It said: “The unfortunate reality of more individuals being released on bail that would otherwise be remanded will mean an increase of individuals who commit crime whilst on bail. The number of individuals committing either breaches of bail or offending whilst on bail is already at unacceptable levels. A Freedom of Information response by the Scottish Government indicated that there are thousands of individuals charged with breaching their bail conditions or committing other offences whilst on bail.”

One person supported by VSS, and quoted by the charity in its evidence, said: “When bail was granted to the perpetrator, it made me and my mother’s situation worse, as the offender ramped up her appalling behaviour. Bail is too easily granted as is and needs to be taken more seriously, so perpetrators are held accountable, instead of having a slap-on-the-wrist punishment instead of jail time.”

VSS also raised concerns over a section of the legislation allowing ministers to release groups of eligible prisoners in emergency situations.

It said: “During the Covid-19 pandemic, emergency legislation allowed for the emergency early release of some categories of prisoner to mitigate the spread of the coronavirus. Whilst this dealt with the specific issues related to the pandemic, it did not sufficiently consider the significant welfare and communications issues related to notifying the victims of crimes committed by those perpetrators. This caused a surge in victim trauma, and it sent many victims of crime into an agitated state.

“VSS saw a significant increase in safeguarding issues directly related to the emergency release of prisoners. We would like to see the legislation detail that victim safety considerations should be a priority before any individual is released from prison and that support is put in place for victims prior to perpetrators being released from custody."

The Scottish Government was contacted for comment.