Bail and Release from Custody (Scotland) Bill
The Bill makes changes to the law in two main areas:
- decisions about granting bail to people accused of a crime
- arrangements for the release of some prisoners and the support that is provided to those who leave prison
The Bill was passed on 22 June 2023 and became an Act on 01 August 2023
Contents
Stage 1 - General principles
Committees examine the Bill and gather views. They produce reports before MSPs debate the Bill in the Chamber. MSPs then decide on the purpose (“general principles”) of the Bill.
The Bill ended Stage 1 on 16 March 2023
Additional information from the Scottish Government at Stage 1
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
Illustration of proposed changes made to previous Acts by the Bill as introduced
Committee Examination
The lead committee for this Bill is the Criminal Justice Committee
Committee Adviser
The Criminal Justice Committee has appointed Chris Miller, Advocate to the position of adviser.
Submit your views
The call for views closed on 8 September 2022.
Written responses
Timetable
The timetable that the committee followed while examining the Bill at Stage 1
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.
The lead committee published its report on 6 March 2023.
Who spoke to the lead committee in the Parliament
MSPs met with people in committee meetings to discuss what the Bill will do.
Minutes of 29 June 2022 (in private)
Minutes of 7 September 2022 (in private)
Minutes of 21 September 2022 (in private)
Minutes of 2 November 2022 (in private)
Minutes of 14 December 2022
Minutes of 11 January 2023
Minutes of 18 January 2023
Minutes of 25 January 2023
Minutes of 1 February 2023
Minutes of 8 February 2023 (in private)
Minutes of 22 February 2023 (in private)
Minutes of 1 March 2023 (in private)
Meeting on 14 December 2022
Engagement
Other ways the committee heard views and experiences
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
Correspondence
Committee correspondence sent and received while the Bill progressed through Parliament
Bail and Release from Custody (Scotland) Bill Crown Office Response
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
Scottish Government Follow-up Evidence
Letter from the Linsay Mackay, Criminal Justice Division, Scottish Government to the Clerk, 22 February 2023
Work by other committees
Delegated Powers and Law Reform Committee
Meeting on 15 November 2022
Meeting on 20 December 2022
Report published on 10 January 2023
Finance and Public Administration Committee
Committee report
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
Debate
MSPs debate the purpose (“general principles”) of the Bill.
Meeting on 16 March 2023
Read the minutes of proceedings (185KB, pdf) posted 16 March 2023
Vote
MSPs vote on the general principles of the Bill.
Meeting on 16 March 2023
Bail and Release from Custody (Scotland) Bill
- Submitted by: Keith Brown, Clackmannanshire and Dunblane, Scottish National Party.
- Date lodged: Tuesday, 14 March 2023
- Motion reference: S6M-08220
- Current status: Taken in the Chamber on Thursday, 16 March 2023
Result 70 for, 29 against, 19 abstained, 11 did not vote Vote Passed