Tories bid to halt 'dangerous plans' they claim would reduce prison sentences

The Scottish Conservatives are seeking to halt "dangerous plans" which they claim could see offenders' time behind bars reduced by more than 40,000 days a year.

The Tories said Scottish Government reforms, which are due to be debated at Holyrood next week, are an "insult to victims".

Measures in the Bail and Release from Custody (Scotland) Bill would mean that when passing sentence, judges and sheriffs can reduce an offender's term to take into account the time spent on bail being monitored with an electronic tag.

Under the proposals, offenders could be entitled to have half of this period taken off their prison sentence.

Tory justice spokesman Jamie Greene said: "The Bail and Release from Custody Bill is the latest prime example of the SNP's soft-touch justice in action."

Reform of Scotland's bail laws

The Bill has been brought forward by ministers to reform Scotland's bail laws and make changes to the way prisoners are released from custody.

If passed, offenders would no longer be freed from prison on Fridays, or the day before public holidays, to ensure they can access support once released.

But with the legislation also allowing the courts to consider time spent on electronically monitored bail when sentencing, Mr Greene said this would provide an "incentive for criminals to delay their sentencing whilst on bail to reduce their sentence".

Details released to the Tories under freedom of information legislation shows that in 2022-23, a total of 683 accused persons were bailed subject to electronic monitoring.

On average they spent 120 days on bail under these conditions, amounting to 81,960 days over the year, the Tories calculated.

If all those offenders were then jailed, the Conservatives said the changes could mean them spending 40,980 fewer days in prison

Mr Greene said: "It is truly astonishing that over 40,000 days' worth of prison time could be cut from serious offenders' sentences annually as a result."

The Tories have already tried to scrap this section of the legislation, with Conservative MSP Collette Stevenson bringing forward amendments at stage two of the Holyrood process.

'Dangerous plans'

With this having failed, Mr Greene said he will now act and seek to have them ditched when the Bill comes before MSPs for final consideration on Wednesday.

He said: "I am determined to stop these dangerous plans, which will see the SNP tie the hands of judges in decision-making and provide an incentive for criminals to delay their sentencing whilst on bail to reduce their sentence.

"This Bill is the latest SNP insult to victims. The Scottish Conservatives have already exposed how thousands of offences are committed each year by people out on bail.

"The SNP are planning to let thousands more out to commit similar crimes in our communities.

"There is still time for MSPs on all sides to see common sense and back my amendment to stop the cutting of criminals' sentences."

'Complete discretion'

A Scottish Government spokesperson said: "As is already the case in England and Wales, the Bail and Release Bill proposes that time spent under electronically-monitored bail conditions could be taken as part of any eventual sentence. This reflects the restrictions tagging presents to a person's freedom.

"Rather than tying the hands of the court as erroneously suggested, these proposals give complete discretion to the court to determine whether to take such time into account when making sentencing decisions."

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