Current status: Answered by Angela Constance on 8 August 2025
To ask the Scottish Government, when bail conditions for a perpetrator of domestic abuse are considered, what regard is given to the views of the victim; how any views and information provided by the victim are collected, and what the rights of the victim are with regard to access to information on the bail conditions of the perpetrator.
The Crown Office and Procurator Fiscal Service (COPFS) provide a Victim Information and Advice (VIA) service in criminal court cases. When COPFS first consider a new criminal case, they refer to VIA any victims who should receive extra support. This includes victims of domestic abuse. If the victim wishes VIA support, VIA will proactively notify the victim of court hearing dates and bail decisions, including bail conditions of the accused person.
When the court is deciding whether to grant bail, the prosecutor and the defence are given the opportunity to make submissions to the court on the question of bail. In doing so, the prosecutor can make the court aware of any safety concerns which they consider arise based on the individual facts and circumstances of the case. This is particularly relevant under the new bail test, which came into effect on 14 May 2025, and which centres public safety, including safety of the complainer from a risk of harm, in bail decision making.
Where held, COPFS will consider the views of the victim with regard to bail and bail conditions, in forming their overall submission on bail. This may include information obtained from the victim by the police in the initial police report, information from specialist support services or information from VIA engagement with the victim directly.
Domestic abuse involves very complex dynamics where it can be important that information about concerns that may lead to a partner or ex-partner being placed on remand or subject to stringent bail conditions is not attributed to information provided by the victim. This may make victims reluctant and fearful to engage in a case.
It is for this important reason that the prosecutor, who acts independently in the public interest, is best placed to provide victim safety information to the court, including the seeking of further conditions of bail.
Ultimately, the question of bail and bail conditions is a matter for the independent court informed by the information they are provided with.