Bail Supervision

Interventions suitable for

Based upon assessed risk and need.

Programme Title and Provider

Bail Supervision and Electronic Monitoring: Justice Social Work

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

Statutory Requirement

Possible Outcomes

The focus of bail supervision includes monitoring and ‘signposting’ to relevant support services. The content of supervision will conform to the case management plan (CMP) as outlined in the bail supervision assessment. This should include an agreement for the frequency of contact and home visits and be reviewed as necessary. The CMP should be written up as a formal document by the CJO and signed by the accused and allocated worker at the earliest opportunity possible. As this is altered it should again be amended and signed by both parties.

Process for Assessment and / or inclusion in scheme / intervention

Identifying where Bail is to be opposed

The Procurator Fiscals Office will send an email advising of all cases where bail is to be opposed. It’s anticipated that this request will be received between 11am – 2:30pm. If the request is later and cannot be completed within the working day, it’s reasonable to request for a 24-hour deferment so an assessment can be complete the following day.

Assessment

An assessment for bail supervision will take account of the following:

Nature of the charges and any outstanding charges, including breaches of bail:
• Public safety;
• Witness safety;
• Previous failure to appear / absconding;
• Previous offending;
• Previous response to supervision;
• Suitability of accommodation;
• Problem areas in the individuals life that may require support
during the bail period;
• Any drug or alcohol issues;
• Employment and commitments for child care or dependants;
• Willingness to agree to the conditions of the scheme;
• Risk assessment with regard to the safety of any supervising
staff, especially with regard to undertaking home visits.

Compliance: Given the seriousness of breaching bail conditions all non-compliance will be considered as serious and immediate action taken.

The following vouched reasons may be considered as acceptable for non-compliance with a requirement:
• an explanation provided in advance by the accused and agreed
with the supervisor;
• ill-health (the accused must obtain a medical certificate);
• unforeseen requirements placed on the accused by an employer
(evidence must be provided);
• Any unforeseen crisis arising from other responsibilities or circumstances deemed suitable.

There is no legislative provision for or any entitlement to warnings. Sheriff Patterson has been consulted about the expectation of compliance and it has been agreed that there will be a zero tolerance to non-compliance.
As such, any non-compliance, no matter how small, which is not covered by the above should be considered serious and acted on immediately. A breach application should be sent to the relevant Procurator Fiscals Office and Sheriff Court who for the PF to action the matter. The service user will be arrested and appear before the court on the next lawful day.