Bail and Release from Custody (Scotland) Act 2023
| Act of the Scottish Parliament | |
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| Long title | An Act of the Scottish Parliament to make provision about the determination of questions of bail; to provide for the court, when sentencing, to have regard to time spent on certain bail conditions; to ensure prisoners are not released on Fridays and certain other days; to provide for the temporary release of long-term prisoners; to enable certain prisoners to be released early in emergency situations; to require certain public bodies to engage in planning for the release of prisoners; to provide support for released prisoners; to provide for information about prisoners to be given to persons or bodies supporting victims; and for connected purposes. |
|---|---|
| Citation | 2023 asp 4 |
| Introduced by | Angela Constance MSP, Cabinet Secretary for Justice and Home Affairs |
| Dates | |
| Royal assent | 1 August 2023 |
Status: Current legislation | |
| History of passage through the Parliament | |
| Text of the Bail and Release from Custody (Scotland) Act 2023 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The Bail and Release from Custody (Scotland) Act 2023 is an act of the Scottish Parliament.
Background
In April 2025, 23% of the prisoner population was on remand.[1]
Between December 2023 and June 2024, the prisoner population increased by 13%.[2] Between March 2024 and May 2024, the prisoner population increased from 7,948 to 8,348.[2]
Provisions
Scottish ministers are empowered to release prisoners in emergency situations.[3]
The act repealed Section 23D of the Criminal Procedure (Scotland) Act 1995, which required that there was a presumption against bail for people accused of violent, sexual, and/or domestic abuse offences in solemn proceedings, in cases where they had a previous conviction of a similar nature.[4]
Bail is required to be granted unless there is a good reason not to.[5] The legislation introduces a new legal concept of "public safety".[5]
The legislation also requires that an individual is not released on a Friday.[1]
Reception
Scottish Labour criticised the changes to the established tests for whether or not an individual should be granted bail and the lack of detail in defining what "public safety" meant.[5]
References
- ^ a b "Bail reforms pass despite concern from victims groups". BBC News. 22 January 2023. Archived from the original on 27 February 2024. Retrieved 20 July 2025.
- ^ a b Meighan, Craig (16 May 2024). "Scottish Government plans to release prisoners early amid soaring numbers". STV News. Archived from the original on 23 May 2024. Retrieved 20 July 2025.
- ^ "Early release of prisoners to ease overcrowding backed by MSPs". BBC News. 12 June 2024. Archived from the original on 12 June 2024. Retrieved 20 July 2025.
- ^ Scott, Kevin (27 May 2025). "Why was serial domestic abuser allowed to leave jail to murder mum-of-four?". STV News. Archived from the original on 13 June 2025. Retrieved 20 July 2025.
- ^ a b c "Scottish government's proposed bail law fails to define simple legal concepts". STV News. 23 January 2023. Archived from the original on 23 January 2023. Retrieved 20 July 2025.