The Act: Section by Section Part 1: Bail Section 6—Report on bail and remand
31.Section 6 imposes a duty on the Scottish Ministers to prepare and publish a report setting out certain information on bail and remand. They must do so as soon as reasonably practicable after the end of the reporting period, which is the 3-year period after section 2 (which reframes the bail test) comes into force.
32.Section 6(2) lists specific information which the report must set out for each year of the reporting period. In relation to remand, this includes: the average daily remand population; the number of individuals who entered the remand population by reference to particular factors; an analysis of the length of time that individuals spent within the remand population; and certain information regarding women within the remand population. In relation to bail, it includes: the number of bail orders made by reference to the offence or type of offence in respect of which bail was granted; the number of bail orders made in respect of individuals who would otherwise have been subject to the restriction on bail in section 23D of the 1995 Act (but for its repeal by section 3 of the Act); the number of convictions for bail-related offences; and the number of convictions for offences committed while on bail. Section 6(5) and (6) defines specific terms and expressions used in the list of information, including “remand population” and “bail-related offence”.
33.However, section 6(3) enables the Scottish Ministers to include additional information in the report. They may report on how the legislative changes made by Part 1 of the Act, including in particular the repeal of section 23D of the 1995 Act, have worked out in practice. Where they do so, they must consult the persons listed in section 6(4) when preparing the report. The consultees listed are those who can provide relevant information on the experiences and perspectives of the police, prosecutors, the courts, justice social work and victim support organisations. The Scottish Ministers may also include any other information (including gender-specific information) that they consider appropriate. Section 6(3) further gives them the discretion to prepare and publish the report in whatever form they think is most appropriate, including publishing it as part of another document.