Electronically monitored bail: FOI release

Information requested

1. How many accused individuals have been subject to bail in which the person is required submit to monitoring in accordance with Part 1 of the Management of Offenders (Scotland) Act 2019. Please provide this information for the financial years of 2020-21, 2021-22 and in 2022-23.
2. The average time (in days) individuals spent time spent on this type of bail for the financial years of 2020-21, 2021-22 and 2022-23.
3. How many accused individuals have been subject to bail which requires the person to remain at one or more specified places for a total period (whether or not continuous) of not less than 9 hours in any given day. Please provide this information for the financial years of 2020-21, 2021-22 and in 2022- 23.
4. The average time (in days) individuals spent time spent on this type of bail for the financial years of 2020-21, 2021-22 and 2022-23.

Response

Some of the information you requested is outlined below. While our aim is to provide information whenever possible, in this instance the Scottish Government does not have all of the information you have requested.

1. On 17 May 2022, Scottish Government commenced, through the Management of Offenders Act, electronic monitoring as part of bail. From 17 May 2022 to 31 March 2023, 683 accused individuals were subject to bail orders with an electronic monitoring condition.
   
   As electronic monitoring of bail was not available during the financial years of 2020-21 and 2021-22, there is no relevant data held for those periods. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested for 2020-21 and 2021- 22.
    
2. Since 17 May 2022, the average time (in days) individuals spent on bail orders with an electronic monitoring condition is 120 days. This includes those orders continuing into financial year 2023-24 and those ending during 2022-23. Given this is a newly established area of service this figure needs caveated that it may change when there is additional data to be able to draw from for full financial years of operation.
   
   As electronic monitoring as a condition of bail was not available during the financial years of 2020-21 and 2021-22, there is no relevant data held for those periods. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested for 2020-21 and 2021-22.
    
3. The Scottish Government do not currently hold this information. Bail may contain different conditions (standard conditions or special conditions), set by the individual court and specific details of all those conditions is not centrally held by the Scottish Government. Where the bail order of court contains a curfew that is electronically monitored, the total numbers are set out in (1) above, and curfews are typically 1900-0700. This is formal notice under section 17(1) of FOISA that the information you have sought is not held.
    
4. As at (3), the Scottish Government does not have this information covering all bail cases. This is formal notice under section 17(1) of FOISA that the information is not centrally held.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.