Risks associated with implementing the Bail and Release (Scotland) Act: FOI release

Information requested

1. Any modelling or projections prepared by Justice Analytical Services, or any other SG analytical or policy unit, which estimate:

(a) changes in the remand population,

(b) expected bail breach rates,

(c) expected reoffending while on bail, or

(d) any quantified public-safety risks associated with the Bail and Release (Scotland) Act.

2. Any risk assessments or risk-register entries relating to public safety, readiness of the justice system, or potential impacts on victims linked to implementation of the Act.

3. Ministerial submissions (final versions only) that include analysis of:

(a) risks associated with increasing the number of accused persons released on bail,

(b) resource implications for justice social work, electronic monitoring, or Police Scotland, or

(c) system-readiness assessments before commencement of the Act.

Response

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. In particular, we do not hold information in relation to Part 1 or Part 3(c) of your request. Accordingly, this is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

In relation to Part 1 of your request, while we do not hold any modelling or projections listed at parts (a) to (d), in more general terms, I have included in the attached Annex information which explains the reason as to why this is the case. You may also find the published accompanying documents helpful in this regard. In particular, the financial memorandum at paragraphs 19 to 21, which can be found at the following link: Bail and Release from Custody (Scotland) Bill | Scottish Parliament Website

In relation to Part 2 and part 3(a) and (b) of your request, please find attached the information we hold at the attached Annex. No redactions have been made to the material which has been provided to you. Where duplicate information has been held across multiple ministerial submissions or information held, I have only provided one copy of the information for your ease of reference. I should also explain the Ministerial submissions which we hold are not on the singular topics you have specified in part 3 of your request. For that reason, the material I have provided is referenced as an 'extract' of the material in scope which is relevant to your request.

About FOI

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

FOI 202500497644 - Information released - Annex

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