By Chris Green
The number of people convicted of offences while on bail has risen to the highest level since 2015 – partly due to court backlogs created during the Covid pandemic.
Official criminal proceedings figures published by the Scottish Government show that 7,988 people were convicted of bail-related offences in 2022/23.
This marked an 11 per cent rise on the previous year’s total and is the highest number recorded since 2015/16, when it stood at 8,589.
Bail-related offences also made up almost a third (30 per cent) of all bail orders handed down by courts in 2022/23, the joint highest level in a decade.
The Criminal Proceedings in Scotland report said this “may in part reflect people subject to bail being on bail for longer periods due to court backlogs” caused by the pandemic.
In effect, this means that as more people are spending longer on bail while they wait to go on trial, the likelihood that some will commit a bail-related offence has also risen.
These offences can include contacting a key witness, committing another offence while on bail, breaking an agreed curfew, or failing to appear in court when summoned.
Pauline McNeill MSP, Scottish Labour’s justice spokesperson, accused the Scottish Government of “putting the public at risk” by failing to put in place measures to reduce the backlog.
She said: “Processing cases swiftly is essential to identifying and imprisoning the most dangerous individuals so that our streets can be kept safe.
“Scottish Labour will reduce the court backlog and use the latest technology to ensure that those who are on bail can be closely monitored.”
The figures also show that during 2022/23, a total of 26,562 bail orders were made, an increase of 11 per cent on 2021/22.
Such orders outline the conditions an accused person must agree to if they are to be released from custody while awaiting trial or a court hearing.
“Processing cases swiftly is essential to identifying and imprisoning the most dangerous individuals so that our streets can be kept safe”
Pauline McNeill MSP
Around 14 per cent of bail orders made in 2022/23 related to crimes of dishonesty, while 13 per cent related to common assault and 10 per cent related to non-sexual crimes of violence.
The report said there were signs the justice system was recovering from the impact of the Covid pandemic, with 2022/23 marking a “return to normal court capacities” after years of disruption.
But it added that courts were still dealing with “challenges” due to the backlog of cases, with the overall volume of proceedings still below pre-pandemic 2019/20 levels.
While these figures relate to 2022/23, more recent statistics published by the Scottish Courts and Tribunals Service show that the court case backlog stood at more than 23,000 as of the end of September last year.
This marks a significant reduction from the peak of more than 43,000 outstanding cases recorded at the start of 2022, but progress is being hampered by a “sustained increase” in serious criminal cases.
A spokesperson for the Crown Office and Procurator Fiscal Service said: “We appreciate the impact that waiting for trial can have on victims, witnesses and accused persons and are committed to progressing all cases as quickly and efficiently as possible.
“Operating an effective court programme is a challenge for the whole criminal justice system.
“Prosecutors will continue to use all the tools at our disposal and work closely with partners system-wide to assist with the effective running of court business.
“Bail decisions are a matter for the courts based on the individual facts and circumstances of the case and the accused.”
A Scottish Government spokesperson said: “Decisions around bail and sentencing are a matter for the independent courts.
“Significant progress has been made in reducing court backlogs. The total number of outstanding scheduled trials has fallen by over 50 per cent since January 2022.
“We remain committed to supporting justice partners to address the backlog.”