WIREDGOV

New bail provisions which will mean tougher punishments for those who breach their conditions come into force today.

Reforms contained in the Criminal Proceedings etc. (Reform) (Scotland) Act 2007, which received unanimous parliamentary backing, will help make the law on bail clearer and more transparent with judges providing reasons for decisions of bail and introduce higher maximum penalties for bail breaches.

The reforms to the bail system include:

• Placing on statute that courts must take into account public safety when deciding whether to grant bail to an accused
• Courts will only grant bail to someone accused of serious violent or sexual offences or drug dealing with previous similar convictions in exceptional circumstances
• Requiring the court to always give reasons for their bail decisions
• Increasing the maximum penalties for breach of bail conditions from 3 months imprisonment to 12 months (and from two years to five years for certain bail breaches in solemn (sheriff and jury or High Court) cases)

The overall aim of the bail reforms is to leave the accused in no doubt as to the responsibility placed on them when granted bail, so that breach of bail reduces. A key component of this approach is tough enforcement action being taken for those accused who abuse the system and breach their bail.

Justice Secretary Kenny MacAskill said:

"Today marks the first phase of the Criminal Proceedings Act and I am confident that these bail reforms will help lead to increased transparency and improved consistency in bail decisions and see tougher action being taken against those who breach their bail.

"Individual decisions on whether to give bail in a particular case are, quite rightly, taken by the judiciary based on the circumstances of the case - independent of Ministers. However I'm concerned that public confidence in the framework within which courts make bail decisions has been eroded in recent years. As Justice Secretary that is simply unacceptable.

"We supported these bail reforms in opposition and we are driving forward these important reforms now we are in Government.

"I want to see greater consistency and rigour in the overall use of bail and believe that these new measures to tighten bail - which are part of wide-ranging reforms to our criminal courts - can help achieve this.

"In the past the public, police and media have all expressed concerns that those accused of a crime who offend on bail or fail to turn up at court are not dealt with robustly.

"That is about to change. An accused who breaches their bail will have no excuse - the effect of their bail conditions will have been explained to them when granted bail, including the penalties available if they breach their conditions. Tough enforcement action, including increased maximum sentences for bail breach, will send a clear message that bail breaches will not be tolerated."

New provisions will also tighten up the process of granting bail - in particular courts will grant bail to someone accused of serious violent or sexual offences or drug dealing with previous similar convictions only in exceptional circumstances.

Public safety is to be a key consideration for the court to take into account when deciding whether or not to grant bail.

Mr MacAskill added:

"Together with our summary justice reform programme I am determined to help introduce a system which is more focused on the needs of victims, witnesses and the accused.

"The radical reforms coming into force over the next year will not change things overnight but they will have a positive impact on victims, witnesses and practitioners who come into contact with the summary justice system.

"There is still much to be done but these reforms arrive at a crucial phase and I want us to seize the opportunity to ensure we have a modern summary justice system - one that is fit for a safer, stronger Scotland in the 21st Century."

The CPRA and the associated reforms will be implemented in stages. Today the changes to bail (sections 1-6), lay justice (sections 59-77) and sentencing powers (sections 43-45 & 47-49) come into effect. In addition, some of the CPRA's procedural reforms will commence. Changes to direct measures (previously known as alternatives to prosecution) and fines enforcement will commence in March 2008, as will the programme of phased court unification.

The CPR Act also brings forward reform to the operation of the bail and remand system in Scotland, based on commitments made in the Government's Bail and Remand Action Plan and the report of the Sentencing Commission for Scotland on the use of bail and remand. The Act's provisions on bail and remand seek to address the actions of those individuals who do not take the responsibility of being given bail seriously and will play a significant part in reducing offending rates on bail - in turn contributing to the key goal of reducing offending and reoffending.