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Bail Supervision

DETAILS

Local Authority area:

Perth & Kinross

Primary Courts of relevance:

Perth Sheriff Court and Perth Justice of the Peace Court

All information provided by:

Perth & Kinross Community Justice Partnership

Perth & Kinross Community Justice Information

Published: 16 November 2022

The information on this page has been provided by Community Justice Partnerships. Community Justice Scotland is not responsible for the accuracy of the information and is unable to respond to direct queries. All such queries in respect of the information shown on this page should be directed to the Community Justice Partnership to which it relates.

This information will be reviewed and updated where required.

Bail Supervision

Interventions suitable for

Individuals aged 16 upwards who have been assessed as being suitable to participate in the Perth and Kinross Bail Supervision scheme. This service will expand further to include Electronic Bail Monitoring.

Programme Title and Provider

Bail supervision

Details of all Specific national or local scheme/intervention(s) available

Bail Supervision in Perth and Kinross identifies people, based on assessed need, who require a level of intensive support during the period of bail and who would suffer extreme difficulties if sent to custody.

In accordance with the National Priorities Statement for Criminal Justice Social Work (2001), priority is given to the following:
• Young People aged 16 – 26 years
• Single Parents
• Women
• People with mental health problems
• Carers’
• People with substance misuse

Possible Outcomes

1. To increase the confidence of courts in the successful completion of bail periods through the availability of supervision;

2. To reduce the number of individuals remanded to custody;

3. To encourage greater confidence in the use of non-custodial disposals by sentencers as a result of the experience of successful completion of periods on bail supervision;

4. To provide appropriate support to individuals in the community, this minimises disruption to families, employment and housing, while ensuring compliance with bail conditions.

Process for Assessment and/or inclusion in scheme/intervention

If a custody statement is made, (Bail opposed) – Identify persons in target groups and collate any information gathered from the process outlined above. Interview the person at Court.

When making an assessment for suitability for bail supervision, the Bail Officer must take account of the following:
• Public Safety
• The nature of the charges
• Outstanding charges, including breaches of bail
• Previous Offending and patterns
• Previous response to supervision
• Willingness and motivation of person to comply with bail supervision Suitability of accommodation
• Areas in the person’s life that require intensive support during the bail period
• Substances
• Employment situation
• Care of Dependents

After taking the above considerations into account, the decision will be reached as to whether the person is suitable for bail supervision.

 

Interventions suitable for

Individuals aged 16 upwards who have been assessed as being suitable to participate in the Perth and Kinross Electronic Bail Monitoring.

Programme Title and Provider

Electronic Monitoring

Details of all Specific national or local scheme/intervention(s) available

Assessments are completed following requests from court. Electronic Monitoring is a tool the court can use to promote compliance with a bail order and any relevant conditions attached to it.

It can provide assurance about the restriction of movement of a monitored person by imposing time and locational limitations on the monitored person. The monitored person can, for example be monitored to help check that they remain in a specified place for a specific period.

Bail with Electronic Monitoring is intended for use by justice partners involved in bail, such as local authority justice social work services, the Crown Office and Procurator Fiscal Service (COPFS), Scottish Courts and Tribunal Service (SCTS), Police Scotland (PS) and the electronic monitoring service provider in Scotland.

Possible Outcomes

Electronic Monitoring can be used to reduce risk by excluding the person from a specified place. This can be used where the individual poses risk/s by going to a specific address, to reduce risk to children, victims of domestic abuse, or certain premises.

The person where the Electronic Monitoring equipment will be installed has to agree to the monitoring, this is done through the Electronic Monitoring assessment – carried out by Justice Social Work, Police Scotland, departmental records, other identified services.

Process for Assessment and/or inclusion in scheme/intervention

Social work assessment is completed to provide information to the court. In the initial stages of implementing Electronic Monitoring assessments will focus on cases where bail is opposed and where specific risks can be managed through this new capability.

In determining an application for bail, the court can determine whether monitoring any relevant condition electronically would provide them with additional assurance as to the appropriateness of bail and the management of any risk of an individual being on bail.

If the person to be monitored poses a potential risk to other householders, it will be sufficient to explain the premises are found unsuitable: if victims or child protection.

Electronic Monitoring has a maximum curfew period of 12 hours per day (this is a curfew to a place, conditions of an “away from” a specified place or places can be for 24 hours per day) for the duration of the bail condition. This takes account of health needs, employment, training childcare etc.

Electronic Monitoring can also be requested during Criminal Justice Social Work Report before sentencing as part of Community Payback Order for those on a non-parole licence or licence condition where risks can be identified.