Bail and Release from Custody (Scotland) Act 2023

6 Report on bail and remand

(1) The Scottish Ministers must, as soon as reasonably practicable after the end of the reporting period, prepare and publish a report on bail and remand.

(2) The report must include the following information for each year of the reporting period—

(a) the average daily remand population,

(b) the total number of individuals within the remand population,

(c) the number of individuals who entered the remand population by reference to each of the following characteristics—

(i) the offence (or type of offence) in respect of which the individual was remanded in custody,

(ii) the individual’s gender,

(iii) the local authority area in which the individual lived immediately before being remanded in custody,

(d) the number of individuals who left the remand population by reference to the individual’s gender,

(e) an analysis of the length of time that individuals spent within the remand population,

(f) in relation to women within the remand population—

(i) the offences (or types of offence) in respect of which women were remanded in custody,

(ii) the age profile of women who were remanded in custody,

(iii) the number of women who transferred from the remand population to the population of prisoners serving a sentence of imprisonment or detention,

(g) the number of bail orders made by reference to the offence (or type of offence) in respect of which the individual was granted bail,

(h) the number of bail orders made in respect of—

(i) individuals who were accused in solemn proceedings of a violent offence, a sexual offence, or a domestic abuse offence and had a previous conviction on indictment for any such offence, and

(ii) individuals who were accused in solemn proceedings of a drug trafficking offence and had a previous conviction on indictment for such an offence,

(i) the number of convictions for—

(i) bail-related offences, and

(ii) other offences (“subsequent offences”) committed while on bail by reference to the subsequent offence (or type of subsequent offence) in respect of which the individual was convicted.

(3) The report may—

(a) include information on the operation of the modifications of enactments made by this Part, including in particular the repeal of section 23D of the 1995 Act,

(b) include any other information, including gender-specific information, that the Scottish Ministers consider appropriate, and

(c) be in any form that they consider appropriate and, in particular, may be part of another document.

(4) In preparing a report that includes the information mentioned in subsection (3)(a), the Scottish Ministers must consult—

(a) the chief constable of the Police Service of Scotland,

(b) the Lord Advocate,

(c) the Scottish Courts and Tribunals Service,

(d) each local authority,

(e) persons who are providing support services to victims in relation to offences perpetrated against or in respect of those victims,

(f) such other persons as the Scottish Ministers consider appropriate.

(5) In this section—

• “bail-related offence” means an offence under section 27(1)(a) or (b) or (7) of the 1995 Act,

• “domestic abuse offence” means—

  (a)

  an offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018, or

  (b)

  an offence that is aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016,

• “drug trafficking offence” has the meaning given by section 49(5) of the Proceeds of Crime (Scotland) Act 1995,

• “remand population” means the Scottish prison population comprising—

  (a)

  every individual who was accused of, or charged with, an offence and remanded in custody while awaiting trial, and

  (b)

  every individual who was convicted of an offence and remanded in custody while awaiting sentence,

• “reporting period” means the period of 3 years beginning with the day on which section 2 comes into force,

• “sexual offence” has the meaning given by section 210A(10) and (11) of the 1995 Act,

• “violent offence” means any offence (other than a sexual offence) inferring personal violence.

(6) Any reference in this section to an offence (other than a bail-related offence or a sexual offence) includes reference to—

(a) an attempt, conspiracy or incitement to commit the offence,

(b) aiding, abetting, counselling or procuring the commission of the offence.