The Scottish parliament are currently debating the Bail and Release from Custody (Scotland) Bill. This bill aims to increase the probability of an accused person being granted pre-trial bail, instead of keeping them in custody. The Bill would also allow for some prisoners to be released before the Parole Board recommended release on parole. In addition, the Bill would give the Scottish Government powers to release groups of prisoners in emergencies, such as infectious disease or severe damage to parts of prisons, making them unusable. Overall, the Bill would vastly lower the threshold for accused people to be released on bail, as well as relax existing procedures for releasing prisoners.
This bill has caused many victim's rights groups to express concerns that it could too easily allow harmful people to remain out of custody, subsequently impacting existing victims of crime. Victim Support Scotland argued that the Bill needed to centre victims and ensure that the impacts it would have would not be detrimental to their mental health or safety. They said that improper communication to victims that accused people had been released on bail had caused significant mental distress. Here, they quoted a person they were supporting as saying:
“When bail was granted to the perpetrator, it made me and my mother’s situation worse, as the offender ramped up her appalling behaviour. Bail is too easily granted as is and needs to be taken more seriously so perpetrators are held accountable, instead of having a slap-on-the-wrist punishment instead of jail time.”
VSS also argued that transparency at all stages would have to be ensured within the Bill, such as notifying victims both when bail was rejected and when it was approved. They also argued that allowing bail for Category A crimes could cause distress among victims and their families if the accused person lived close by, which was most commonly the case. The group also strongly disagreed with changing procedures surrounding the automatic early release, saying:
“Amending timescales of prison sentences can be alarming for victims, particularly when we have an outdated Victim Notification Scheme that is not fit-for-purpose or responsive to the needs of people impacted by trauma. We have heard of too many instances where our justice system does more harm than good to people affected by crime, therefore would not want to see further reductions to sentences.”
It is vital that bills dealing with issues of law, order and justice are written and discussed with the safety and security of victims as a priority. From the response given by Victim Support Scotland, it is clear that this is not the case with the current Bail and Release Bill. However, since this Bill is in its early stages, it is hopeful that it will be amended to ensure that those who have been the victim of crime are able to work with a fully transparent justice system, which ensures that accused people will not be allowed to cause them further distress while awaiting trial.