Victim Support Scotland has issued a statement on the Bail and Release from Custody (Scotland) Act - the remainder of the bail reforms in Part 1 of the Act come into force from 14 May 2025. The Bill for the 2023 Act received Royal Assent on 1 August 2023 and sections 6, 7, and 15 to 19 came into force on the following day.

The Act repealed Section 23D of the Criminal Procedure (Scotland) Act 1995, which set out a presumption against bail for people accused of violent, sexual, and/or domestic abuse offences in solemn proceedings, where they have a previous conviction of a similar nature. Victim Support Scotland campaigned strongly against the repeal of Section 23D.

Kate Wallace, Chief Executive of Victim Support Scotland said:

"The new regulations contained within the Bail and Release from Custody (Scotland) Act, which come into force today, do not go far enough to sufficiently safeguard victims of crime - in particular women who have experienced domestic abuse.

"Victim Support Scotland campaigned strongly against the removal of existing protections, such as Section 23D of the Criminal Procedure (Scotland) Act 1995. Section 23D set out a presumption against Bail for people accused of violent, sexual, and/or domestic abuse offences in solemn proceedings, where they had a previous conviction of a similar nature - so that they would only be granted Bail in 'exceptional' circumstances. We believe that it was an important safeguarding tool and it will be much missed in the new regulations, in which Bail is expected to be granted unless the court can determine a good reason for refusing it.

"Cases like those of Claire Inglis, where her murderer was released to her home on Bail despite having numerous convictions for domestic abuse, highlight in heartbreaking detail the dangers of not adequately scrutinising an offender's criminal history. Now, as of today and without the additional protections that Section 23D offered, we have serious concerns that the new bail test will provide a sufficiently robust risk assessment prior to an offender's release on bail.

"We hear many examples of where these safeguards have failed, such as a victim made homeless because an accused person has been bailed back to a property that they jointly own, causing them to have to move out. An accused person should not be bailed back to an address unless it can absolutely be guaranteed that the people in that home will be kept safe.

"The latest available figures show there has been an 11% increase in crimes committed while on Bail, underlining the need for more stringent supervision methods and robust risk assessments, and for this issue to be taken more seriously by the government and public authorities in general.

"We keenly await the 3 year report, required by Scottish Ministers, regarding the changes and impact on victims of the Bail and Release from Custody Act. We stand ready to support consultation with victims who will feel the impact of repealing Section 23D of the 1995 Act."