1. Hard Edges Scotland, Lankelly Chase (2019) (https://lankellychase.org.uk/publication/hard-edges-scotland/)
2. Scottish Prison Population Statistics 2019-20 (https:/www.gov.scot/publications/scottish-prison-population-statistics-2019-20/pages/1/)
3. SPS Prisoner Survey 2019 (http://www.sps.gov.uk/Corporate/Publications/Publication-7196.aspx)
4. SPS Addiction Prevalence Testing Stats 2018/19 (https://www.scotpho.org.uk/behaviour/drugs/data/availability-and-prevalence)
5. MacMillan Tom (2021) Associations between significant head injury and persisting disability and violent crime in women in prison in Scotland (https://www.thelancet.com/journals/lanpsy/article/PIIS2215-0366(21)00082-1/fulltext)
6. 17th Prisoner Survey 2019 (http://www.sps.gov.uk/Corporate/Publications/Publication-7196.aspx)
7. McGillivray, C. (2016) Rendering Them Visible: A Review of Progress towards Increasing Awareness and Support of Prisoners' Families (https://www.familiesoutside.org.uk/content/uploads/2016/04/Rendering-Them-Visible-FINAL.pdf)
9. A Fairer, Greener Scotland: Programme for Government 2021-22 (https://www.gov.scot/publications/fairer-greener-scotland-programme-government-2021-22/)
10. Christie Commission on the future delivery of public services (2011)(https://www.gov.scot/publications/commission-future-delivery-public-services/documents/)
12. Undertakings are not part of the discussion of the current possible reforms.
13. Although the significant majority of those held on remand are pre-trial, the proposals will also apply to those convicted but not yet sentenced.
16. Wemhoff v Germany, (1979-80) 1 EHRR 55, Judgment, para 12; Yagci and Sargin v Turkey, (1995) 20 EHRR 505, para 50.
18. This followed similar changes by the then UK Government in 1998 which adjusted section 25 of the Criminal Justice and Public Order Act 1994, which had imposed an absolute prohibition in England and Wales on bail on a charge of murder, attempted murder, manslaughter, rape, or attempted rape, where the accused had a prior conviction for such an offence, in light of Article 5(3).
22. https://www.gov.scot/publications/scottish-prison-population-statistics-legal-status-2019-20/pages/4/ and https://www.gov.uk/government/collections/offender-management-statistics-quarterly both accessed 27 July 2021
23. http://www.prisonstudies.org/highest-to-lowest/pre-trialdetainees?field_region_taxonomy_tid=14&=Apply, accessed 14 February 2020
24. https://www.gov.scot/publications/coronavirus-covid-19-justice-analytical-services-data-report-july-2021/ See the Scottish Government monthly reports on the Justice System during the Covid-19 pandemic
25. https://www.gov.scot/publications/coronavirus-covid-19-justice-analytical-services-data-reportmarch-2021/pages/17/ and https://www.gov.uk/government/statistics/offender-managementstatistics-quarterly-october-to-december-2020 accessed 27 July 2021
29. The exact final outcomes of these cases cannot be determined from the data held by the Scottish Government.
37. This is subject to provision in section 23D of the 1995 Act which provides that bail is only to be granted in exceptional circumstances in respect of individuals charged with certain offences where prior convictions for such offences exist.
38. MM v Procurator Fiscal 2009 S.C.C.R 847, at page 858
40. Ib., ch. 4
41. https://www2.gov.scot/Resource/0047/00475400.pdf, ch. 14.
43. See section 325 of the Sentencing Act 2020 - https://www.legislation.gov.uk/ukpga/2020/17/section/325. The provision applies in respect of bail subject to a "qualifying curfew condition", which means a curfew condition requiring the person granted bail to remain at one or more specified places for a total of not less than 9 hours in any given day (see section 326 of the Act).
47. Ib., p9
49. Prisoners and Criminal Proceedings (Scotland) Act 1993 (https://www.legislation.gov.uk/ukpga/1993/9?wrap=true)
50. www.legislation.gov.uk/ukpga/1968/49 Section 27(1)(c) provides that 'It shall be a function of every local authority under this Part of this Act to provide a service for the following purposes, that is to say: the provision of advice, guidance and assistance for persons in their area who, within 12 months of their release from prison or any other form of detention, request such advice, guidance or assistance'
51. Prisoners and Criminal Proceedings (Scotland) Act 1993 (https://www.legislation.gov.uk/ukpga/1993/9?wrap=true)
52. www.legislation.gov.uk/ukpga/1968/49 Section 27(1)(b)(ii) provides that that It shall be a function of every local authority under this Part of this Act to provide a service for the following purposes, that is to say the supervision of, and the provision of advice, guidance and assistance for(ii)persons in their area who, following on release from prison or any other form of detention, are required to be under supervision under any enactment or by the terms of an order or licence of the Secretary of State or of a condition or requirement imposed in pursuance of any enactment
53. Prisoners and Criminal Proceedings (Scotland) Act 1993 (https://www.legislation.gov.uk/ukpga/1993/9?wrap=true)
54. SPS Prison Population (https://www.sps.gov.uk/Corporate/Information/SPSPopulation.aspx)
55. guideline-principles-and-purposes-of-sentencing.pdf (scottishsentencingcouncil.org.uk) – Guideline applying since 26 November 2018.
56. Scottish Drugs Death Taskforce: Report on Drug Law Reform (Sep 2021) (https://drugdeathstaskforce.scot/media/1248/drug-law-reform-report-sept-6th-21.pdf)
57. See s.3AA(6) of the 1993 Act - Prisoners and Criminal Proceedings (Scotland) Act 1993 (legislation.gov.uk).
60. SHORE standards (https://www.sps.gov.uk/Corporate/Publications/Publication-5363.aspx)
61. Medication Assisted Treatment (MAT) Standards: access, choice, support (https://www.gov.scot/publications/medication-assisted-treatment-mat-standards-scotland-access-choice-support/)