The Bill makes changes to the law in two main areas:
This is a Government bill
The Bill became an Act on 1 August 2023
This Bill was passed and is now an Act of the Scottish Parliament.
The Bill makes changes to the law in two main areas:
When a person accused of a crime appears in court, the court has to decide whether they should be remanded in custody or remain in the community on bail while they await their trial.
Part 1 of the Bill makes changes to the current law relating to bail in four areas:
Part 2 of the Bill makes changes to some prisoner release arrangements and the support provided to those being released. These include:
The Scottish Government has introduced the Bill to deliver on its commitment to refocus how imprisonment is used. The Bill aims to ensure that, as much as possible, the use of custody for remand is a last resort for the court.
The Bill also aims to give a greater focus to the rehabilitation and reintegration of individuals leaving custody. For example, through the provision of improved support for people leaving prison and access to structured and monitored temporary release. It is intended that this would support a reduction in the risk of future reoffending, improving public safety.
Bail and Release from Custody (Scotland) Bill as Introduced (2MB, pdf) posted 08 June 2022
Explanatory Notes (185KB, pdf) posted 10 June 2022
Policy Memorandum (518KB, pdf) posted 10 June 2022
Financial Memorandum (332KB, pdf) posted 10 June 2022
Delegated Powers Memorandum (215KB, pdf) posted 10 June 2022
Statements on legislative competence (101KB, pdf) posted 10 June 2022
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Research briefing on the Bail and Release from Custody (Scotland) Bill
The Bill was introduced on 8 June 2022
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
On 7 December 2022, the Parliament agreed motion S6M-07121, that consideration of the Bail and Release from Custody (Scotland) Bill at Stage 1 be completed by 17 March 2023.
Bail and Release from Custody (Scotland) Bill: Keeling schedule - Part 1 (Bail) (225KB, pdf) posted 20 September 2022
Bail and Release from Custody (Scotland) Bill: Keeling schedule - Part 2 (Release) (300KB, pdf) posted 20 September 2022
A Keeling schedule is a schedule to a bill which reproduces the provisions of an earlier Act of Parliament and shows the effect of the bill on that Act. It is usually added as an appendix to the proposed amendment.
The lead committee for this Bill is the Criminal Justice Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The Criminal Justice Committee appointed Chris Miller, Advocate to the position of adviser.
The Criminal Justice Committee held a call for views to help inform its examination of the Bill.
The call for views closed on 8 September 2022.
On 30 November 2022, the Committee met informally with survivors of serious crime. The following note summarises the key themes to emerge from the discussion and the views expressed by the participants.
Note of informal engagement with survivors of crime (186KB, pdf) posted 17 January 2023
On 9 December 2022, Jamie Greene MSP visited the Shine Women’s Mentoring Service in Edinburgh. The following note summarises the key themes to emerge from the discussion.
Note of visit to Shine Women's Mentoring Service (90KB, pdf) posted 19 January 2023
Letter from the Crown Office and Procurator Fiscal Service to the Convener, 16 March 2023
Letter from the Cabinet Secretary for Justice and Veterans to the Convener, 14 March 2023
Letter from the Linsay Mackay, Criminal Justice Division, Scottish Government to the Clerk, 22 February 2023
Letter from the Scottish Prison Service to the Convener, 20 February 2023
Letter from the Scottish Grocers' Federation and Retailers Against Crime to the Clerk, 13 February 2023
See a full list of Stage 1 correspondence for this committee
The lead committee published its report on 6 March 2023.
Bail and Release from Custody (Scotland) Bill Stage 1 report
The Committee received the following responses to its report:
Scottish Government response to the Stage 1 report on the Bail and Release from Custody (Scotland) Bill (397KB, pdf) posted 14 March 2023
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
The Delegated Powers and Law Reform Committee published its report on 10 January 2023
Letter from the Convener to the Convener of the Criminal Justice Committee of 5 December 2022
A Stage 1 debate took place on 16 March 2023 to consider and decide on the general principles of the Bill.
Result 70 for, 29 against, 19 abstained, 11 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 1 on 16 March 2023
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
On 26 April 2023, Parliament agreed motion S6M-08703, that consideration of the Bail and Release from Custody (Scotland) Bill at stage 2 be completed by 19 May 2023.
Documents with the amendments considered at the meeting held on 10 May 2023:
First Marshalled List of Amendments for Stage 2 (756KB, pdf) posted 04 May 2023
First Groupings of Amendments for Stage 2 (879KB, pdf) posted 04 May 2023
Documents with the amendments considered at the meeting held on 17 May 2023:
Second Marshalled List of Amendments for Stage 2 (653KB, pdf) posted 12 May 2023
Second Groupings of Amendments for Stage 2 (642KB, pdf) posted 12 May 2023
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Revised Explanatory Notes (330KB, pdf) posted 19 June 2023
Supplementary Financial Memorandum (128KB, pdf) posted 05 June 2023
Supplementary Delegated Powers Memorandum (190KB, pdf) posted 05 June 2023
Revised Explanatory Notes (285KB, pdf) posted 16 June 2023
Supplementary Financial Memorandum (195KB, pdf) posted 02 June 2023
Supplementary Delegated Powers Memorandum (525KB, pdf) posted 01 June 2023
Sometimes an amendment at Stage 2 makes substantial changes to a bill. If this happens, the Accompanying Documents need to be updated to explain what these changes are.
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
Delegated Powers and Law Reform Committee's Report after Stage 2
The Bill ended Stage 2 on 17 May 2023
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Research briefing on the Bail and Release from Custody (Scotland) Bill prior to Stage 3
Documents with the amendments considered at the meeting held on 21 June 2023:
Marshalled List of Amendments for Stage 3 (328KB, pdf) posted 15 June 2023
Timed Groupings of Amendments for Stage 3 (784KB, pdf) posted 20 June 2023
Read the Official Report of the meeting
Watch the meeting on Scottish Parliament TV
Watch the meeting on Scottish Parliament TV (Part 2)
A Stage 3 'Marshalled List' is a list of all the amendments that have been proposed at Stage 3 and that have been selected by the Presiding Officer. They are listed in the order in which they will be called by the Presiding Officer and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
‘Timed Groupings’ are usually produced at Stage 3 and set out how long Parliament expects to spend debating the groups of amendments.
Bail and Release from Custody (Scotland) Bill as passed (2MB, pdf) posted 22 June 2023
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 66 for, 44 against, 0 abstained, 19 did not vote Vote Passed
See further details of the motion
Printing changes are changes to the text of a Bill. They will not change the legal effect of the Bill.
Bail and Release from Custody (Scotland) Bill printing changes after Bill as passed (152KB, pdf) posted 19 July 2023
The Bill ended Stage 3 on 22 June 2023