Justice Secretary Kenny MacAskill has today welcomed the commencement of new bail provisions in Scotland which will mean tougher punishments for those who breach their bail conditions.

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

The reforms include placing on statute that courts must take into account public safety when deciding whether to grant bail to an accused and requiring the court to always give reasons for their bail decisions and also increasing the maximum penalties for breach of bail conditions from 3 months imprisonment to 12 months, and from 2 years to 5 years for certain bail breaches in solemn (sheriff and jury or High Court) cases.

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.”

Another change is that courts will also only grant bail to someone accused of serious violent or sexual offences or drug dealing with previous similar convictions in exceptional circumstances.

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.

"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."

Related news items:

• 'Benchmark' for rape investigations created
• 'Inappropriate' for mentally ill to be imprisoned
• Abolition of transport disability body “will reduce voice of
• Alcohol ban debate welcomed by campaigners
• Alcohol strategy consultation shows mixed responses