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The report from the independent Sentencing Commission, which began work in 2003 amid concern at the high number of offences committed by people who had been granted bail, also recommended a general tightening-up of the country’s bail system, including tougher measures for those who jump bail.
The overall effect of the Sentencing Commission’s recommendations would be to grant bail in more cases, but with stricter conditions, leaving open the possibility of a rise in the number of people jailed for breaching bail conditions.
Lord MacLean, the commission’s chairman, said that by being tougher on those who offended while on bail, the prison population might increase, but it was to be hoped that this would be temporary.
The report recommends that courts should be able to order a tagging condition in any case where this is likely to stop the accused person jumping bail or offending while on bail. Three pilot schemes tagging for people accused of murder and rape are under way in Scotland.
The report also recommends a host of procedural changes, including stating on bail orders the date of an accused person’s next court appearance.
The report adds that the law should also be changed to set out the factors that a court must consider in deciding whether to grant bail. Bail conditions should be extended to prohibit contact with named individuals at particular addresses, to specified areas such as a street or a postcode area, and there should be more guidelines and training for prosecutors and the judiciary to improve the consistency of decision-making on bail and remand.
Lord MacLean said the aim was to reduce offending by those granted bail, to reduce the number of those who skipped bail or broke bail conditions, and to reduce the prison remand population without risking public safety.
Recent figures suggest that about 30 per cent of those granted bail and freed by the courts go on to commit further offences, typically three to four.
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