home
Skip to content
  • About us
    • About us
    • Aims and accountability
    • Who we are
    • Meetings
    • Committees
    • Recruitment
    • FAQ
  • Sentencing information
    • Sentencing information
    • Introduction to sentencing
    • How do courts decide a sentence?
    • Community sentences
    • Custodial sentences
    • Maximum and minimum sentences
    • Disposals and appeals
    • Information for victims
  • Sentencing guidelines
    • Sentencing guidelines
    • Approved guidelines
    • Guidelines in development
    • How are sentencing guidelines developed?
    • About sentencing guidelines
  • Publications
    • Publications
    • Guideline judgments
    • Sentencing Statements
  • Research and engagement
    • Research and engagement
    • Consultations
    • Research
    • Engagement
  • Education resources
    • Education resources
    • Jargon buster
    • Myth buster
    • 'If you were the judge' case studies
    • Lectures and lesson plans
  • News and media
    • News and media
    • News
    • Scottish Sentencing Conversations Podcast
    • Spotlight on Sentencing Blog
    • Spotlight on Sentencing Circular
    • Videos
    • Contact us
  • ?
  • A-Z
Scottish Sentencing Council Logo
  1. Home
  2. News
  3. New legislation on sentencing offenders who have been on electronically monitored bail

New legislation on sentencing offenders who have been on electronically monitored bail

Sentencing policy
28th June 2024

The time an offender has spent on electronically monitored (tagged) bail (EM bail) will be able to be treated as time served for sentencing purposes under new legislation coming into force on 1 July 2024.

Measures being introduced under the Bail and Release from Custody (Scotland) Act 2023 mean that courts must have regard to the time spent awaiting trial or sentence on EM bail when passing a sentence of imprisonment or detention.

Under the changes, courts will be able to use their discretion to decide whether to take all, some or none of the time into account in sentencing.

If all or some of the time is taken into account, every two days spent on EM bail will count as one day of time already served when deciding the length of the custodial sentence.

If none of it is taken into account, the court must give reasons for this.

The provision gives courts discretion to assess the circumstances of a specific case and consider whether any breaches of EM bail have occurred or any other relevant information. 

The new provision, under section 5 of the 2023 Act, will apply to sentencing hearings involving EM bail taking place on or after 1 July 2024.

Further information is available on the Scottish Government website.

Additional

Prev
Next
Back To News

Contact us/ media enquiries

 

Social media policy

 

Scottish Sentencing Council, Parliament House, Edinburgh, EH1 1RQ

Tel: 0300 790 0006 Email: sentencingcouncil@scotcourts.gov.uk
Follow us on social:
  • Accessibility
  • Complaints
  • Cookies
  • © Crown Copyright
  • FAQs
  • Jargon Buster
  • Privacy
  • Site Map
  • Useful links