Think tank calls for greater use of electronic tagging to ease remand pressure

Over half of all new arrivals to the nation’s jails are people placed on remand by the courts.

In 2012, 19,175 entered prison on remand as opposed to only 14,117 in 2001.

The Scottish Consortium on Crime and Criminal Justice (SCCCJ) has now said that electronic tags should be more widely used.

In 2007 the Scottish Executive commissioned an evaluation intro trials in Glasgow, Stirling and Kilmarnock that found tagging had failed to put a significant dent in the prison population.

The SCCCJ, however, said in a statement for ministers: “Arguably, with advances in technology it is time to look again at how it (EM) can be used to reduce the use of remand.”

According to research, prisons are receiving thousands more admissions of people on remand, awaiting a sentence or trial, as compared with those serving sentences.

The study said one in five of Scotland’s 8,062 prisoners were on remand. Fifteen years ago this figure was one in six.

The SCCCJ said: “Many of those remanded will either be found ‘not guilty’ or will receive a non-custodial sentence. This raises the question of why they were remanded in custody in the first place.

“Overcrowding is an issue in the accommodation of remand prisoners, and overcrowding poses a number of problems. Remanding an individual in custody is one of the most expensive ways of monitoring them prior to trial.

“In terms of efforts to reduce the use of remand, electronically monitored bail should be revisited. It seems strange we resort to custodial remand when EM is available as a means of control that is less stigmatising, allows the maintenance of relationships, employment, training, and is far less expensive.

“The best way to save money in the criminal justice system is by closing prisons. Barlinnie Prison is due to be rebuilt at a cost in excess of £150 million. If we significantly reduce the remand population and increase diversion programmes we could look at not building such an expensive replacement.”

A Scottish government spokesman said: “We are also looking at practical options to reduce the use of remand and the use of custodial sentences of less than 12 months.

“We are working with three pathfinder sites to identify and test practical improvements to help reduce the use of remand.”

The news comes as Scotland’s top judge said the 140 day rule, under which accused persons must face High Court trials within that period, may need to be extended in accordance with modern principles of fairness and justice.

Lord Carloway made the comments during his installation as Lord President and Lord Justice General recently and was backed last week by Eric McQueen, chief executive of the Scottish Courts and Tribunals Service, who told SLN that lawyers’ claims people are languishing in remand wings because of court closures was not true.

In contrast to Brian McConnachie QC’s claims, he said: “The closure of a small number of sheriff courts has had no impact on High Court sittings, and in fact, there is now more court capacity available to the High Court than ever before.”

Mr McQueen attributed the stress placed on the rule to a 60 per cent increase in the number of High Court cases going to trial, saying: “This equates to around 160 more trials each year. For reasons which remain unclear, accused persons seem less likely to plead guilty ahead of trial than previously. The stage has been reached at which about half of all cases proceed to trial. This is unprecedented.”

Echoing Lord Carloway’s comments, he said: “In an era of statutory disclosure, examination of DNA findings and technical analysis of social media and text messaging, it is only right to question whether the narrow window allowed by statute for the commencement of a trial, after the service of the indictment and the fixing of a Preliminary Hearing by the Crown, is sustainable or in accord with modern principles of fairness and justice.”

Both Mr McQueen and Mr McConnachie, however, have said the rule may need to be replaced with a perhaps more realistic one.