To ask the Scottish Executive what powers are available to procurators fiscal in relation to bail conditions when the grounds of bail are allegedly breached. (S1O-2377)

The Lord Advocate (Colin Boyd):

Where the police make procurators fiscal aware of an allegation that an accused has breached a condition of bail, two options are available. First, they may serve on the accused a complaint or indictment in terms of section 27(1)(a), 27(1)(b) or 27(7) of the Criminal Procedure (Scotland) Act 1995. In addition, or alternatively, they may make an application to the court to review the grant of bail in terms of section 31 of that act.

Does the Lord Advocate recognise the widespread public concern arising from cases in which those accused of offences while on bail do not appear immediately in court to have their bail reviewed? Will he agree to consider a further power for procurators to direct police officers to detain such people on the ground of reasonable suspicion as one way in which to bring them before the courts in the shortest possible time?

The Lord Advocate:

Although I understand Mr Macdonald's concern, section 28 of the Criminal Procedure (Scotland) Act 1995 gives police the power to arrest an accused who is on bail where the accused has broken, is breaking or is likely to break any condition imposed on his bail. That power can be exercised at the discretion of the constable. In addition, where sufficient admissible evidence comes to the attention of the procurator fiscal to prove beyond reasonable doubt that the accused has committed an offence on bail, the procurator may seek a warrant to apprehend.

I am sure that the Lord Advocate will be aware not only of the victims' outrage but of the fact that the police feel that they are fighting crime with one hand tied behind their back when they catch criminals only for the courts to release them to reoffend while awaiting trial. The Minister for Justice recently told me that, in 1997 and 1998, that occurred 1,300 times in north-east Scotland alone in cases involving robbery, house-breaking and drug offences.

A question, please.

What is even worse is when a criminal caught committing a crime when on bail is then given bail again, which undermines the delivery of justice. Will the Lord Advocate tell us how often that happens and what he is going to do about it?

The Lord Advocate:

One of the grounds for opposing bail is that the person is on bail already. When appropriate, the procurator fiscal will oppose the grant of bail. Whether an accused gets bail and the conditions in which he gets bail are matters for the court.