Sheriff Courts - remand and bail outcomes: occasional paper

A paper illustrating some of the key trends in bail and remand decisions, based on a new dataset prepared by Scottish Courts and Tribunals Services.


1 Part III, Section 23C of the Criminal Procedure (Scotland) Act 1995

2 Part III, Section 23D of the Criminal Procedure (Scotland) Act 1995

3 As outlined in the method section, this outcome was recorded in the data for instances where the accused’s case did not call again in court after the initial court hearing and the current accused status was not recorded as “active” in the data.

4 As outlined in the method section, this outcome was determined by whether the accused next appeared on their case at an “after warrant” hearing in court.

5 “Other” appearances with bail aggravation in Solemn-Petition cases had a higher likelihood of remand, but in total these made up fewer than 0.1% of the total cases analysed.

6 Emergency criminal justice provisions: joint inspection - (

7 Lord Advocate's Guidelines - Page 5 (

8 2020hcjac15.pdf (

9 The Appeal Court stated that, in relation to bail, “the primary question is whether the accused, if at liberty, will pose a substantial risk of committing further offences; particularly violent (including sexual and domestic abuse) offences. If there is no such risk, the accused ought to be granted bail in the ordinary case.”



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