The Lord Advocate:

There were a number of questions there. I know that we are limited for time, but perhaps I can deal with some aspects of what I have just been asked.

As Lord Advocate, no one is more determined than I am to ensure that people who need to be in prison are kept there. It cannot be that we reach a stage where serious offenders are sentenced or remanded and there is nowhere for them to go because the space in prison is taken up by individuals who do not present an immediate risk to the public.

Ensuring that communities are safe from the harm caused by crime is at the centre what prosecutors do. The temporary measure that I have explained shifts the focus to how best that safety can be achieved. As I emphasised in my statement, the temporary measures will not change the response to allegations of domestic abuse or sexual offences. The temporary guidance is intended to mitigate the current pressure on prisons and will be reviewed. I take my responsibility very seriously and a fundamental part of my role is to serve the public interest and assist in the protection of the rule of law.

In relation to the question about my role and my engagement with the Government of the day, I say that the Scottish Government has legislated for a new test for bail that focuses primarily on the risks posed to the public and to the complainer. That new legal test will come into force on 1 February. In the meantime, the existing test is set down by statutory provision in the Criminal Procedure (Scotland) Act 1995 and provides for an accused person to be remanded only when the legal test is met and when it is in the public interest to do so. Prosecutors are entitled to take into account the public interest in maintaining a safe prison estate when determining the Crown’s attitude to bail. It is critically important that it is understood that we are talking today about prisoners who have not been convicted and about pre-trial measures that relate to bail and remand.