Dorothy Bain KC

She said: “Prosecutors will always act in the public interest and do their utmost to keep people safe from the harm caused by crime.

“The situation in Scotland’s prisons has caused me to independently review some of the guidelines I issue to prosecutors and police. That does not mean the law will not be enforced – it will be. However, this will mean that cases may be dealt with differently and bail may not be opposed.

“Prosecutors and police will continue to be robust and fair, and my guidance to them means people will still be kept safe. However, at a time when there are significant pressures on prison populations, it is vital that resources are used carefully. The criminal justice system must ensure it is those who are a risk to others that are kept behind bars.

“Prosecutors do not decide on bail or release of people who are awaiting trial. That is the role of the independent judiciary. However, the attitude of the prosecutor towards the question of bail or release can have a significant bearing on the decision of the judge.

“The considerations around the Crown’s attitude to bail are underpinned by key principles. I have instructed those principles should be published to allow the public to see and have confidence in them.

“I have also instructed that as a temporary measure Crown opposition to bail, in general, should be restricted to those who pose a substantial risk of reoffending and causing harm to a victim, witness or the public which cannot be mitigated by imposition of proportionate bail conditions. 

“I believe these directions have potential to contribute to the broader criminal justice system response to managing the numbers of people in prison in Scotland while maintaining public safety.”

No change has been taken to the approach in place for dealing with cases of domestic abuse where risk to victims is given additional consideration.