Bail Supervision and Electronic Monitoring on Bail

In South Ayrshire the Bail and Release from Custody (Scotland) Act 2023 provides the legal basis for bail processes and supervision. This act outlines the responsibilities for various agencies, including the Police, Procurator Fiscal Service, the Courts and Justice Social Work services, who are required to manage bail conditions and compliance requirements as set by the Court.
 

Bail Supervision

The bail supervision scheme is designed to minimise the numbers of people held on remand in custody. This could be for reasons such as prior to trial/conviction; if a person requires support to manage being on bail; or following conviction where the court are waiting on reports, while not losing sight of the need to ensure public safety.
 

Assessments

Assessments are prepared by Justice Social Work Services at the request of the Court or where Justice Services identify such an assessment might be helpful to the Court, usually on the same day as the person appears at Court to allow the Court to make a swift decision.
 

Bail Supervision Requirements

Standard and Special Bail conditions can be used by the Court where a level of supervision, monitoring and support may help someone to adhere to bail. Bail Supervision usually involves;

• Monitoring - There will be a minimum of three contacts each week with their Bail Supervision Officer or another worker outlined in their plan for the first month. This contact consists of a combination of office visits, home visits and telephone calls that will reduce in accordance with the level of risk and need of the person, to a minimum of one contact per week as assessed by their bail officer.
• Support/advice - The Bail Supervision Officer will offer support and advice as part of the person's case management plan (outlined at assessment stage to the Court), and they can refer to partner agencies where needed, for example to address substance misuse or Housing needs etc.
• Reporting - The Bail Supervision Officer provides information to the Court regarding the person's compliance with the conditions of their bail. Non-compliance will result in warnings being issued with the potential these warnings will be followed by a breach report being submitted to Police Scotland & the Crown Office and Procurator Fiscal Service.
   

Electronic monitoring

Electronic monitoring can be utilised as part of bail as additional monitoring. Electronic monitoring can be imposed independently or as part of bail supervision.

Monitoring assists with ensuring a person remains in a specific place for a particular time period; be excluded from a specific location, or expected to attend a specific location within a timeframe. It can be used to monitor compliance with other bail conditions such as a curfew or exclusion zones.