This is a Government bill
The Bill became an Act on 10 August 2022
This Bill was passed and is now an Act of the Scottish Parliament.
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[Bill link here]
Explanatory Notes
Policy Memorandum
Financial Memorandum
Delegated Powers Memorandum
Statements on legislative competence
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual sections.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill in a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the person introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
This Bill requires Crown consent. It is expected that this consent will be signified at Stage 3.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is [not/required] for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
[Link to Research]
The Bill was introduced on 1 February 2022
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees can also examine the Bill and report to the lead committee.
Consideration of approach paper.
Oral evidence session.
Final evidence session with Cabinet Secretary for Justice and Home Affairs.
The lead committee for this Bill is the Criminal Justice Committee.
The Criminal Justice Committee ran a call for views to help inform its examination of the Bill.
Read the responses on Citizen Space
Other ways the committee heard views and experiences.
On 30 November 2022, the Committee met informally with survivors of serious crime. The following note summarises the key themes to emerge from the discussion and the views expressed by the participants.
Note of informal engagement with survivors of crime
On 9 December 2022, Jamie Greene MSP visited the Shine Women’s Mentoring Service in Edinburgh. The following note summarises the key themes to emerge from the discussion.
Letter from the Scottish Prison Service to the Convener, 20 February 2023
Letter from the Scottish Grocers' Federation and Retailers Against Crime to the Clerk, 13 February 2023
Letter from the Cabinet Secretary for Justice and Veterans to the Convener, 7 February 2023
Letter from the Minister for Community Safety to the Convener, Criminal Justice Committee, 6 April 2022
Letter from the Convener, Criminal Justice Committee to the Minister for Community Safety, 30 March 2022
See a full list of Stage 1 correspondance
The Criminal Justice Committee published its report on 6 March 2023.
Bail and Release from Custody (Scotland) Bill Stage 1 Report
The Committee received the following response to its report:
A Stage 1 debate took place on [xx/month/year] to consider and decide on the general principles of the Bill.
See further details of the motion
The Bill ended Stage 1 on 3 May 2022
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
Documents with the amendments considered at the meeting held on [date]
Marshalled List of Amendments for [Stage Number]
Groupings of Amendments for [Stage Number ]
Letter from the Crown Office and Procurator Fiscal Service to the Convener, 16 March 2023
Evidence submission from the City of Edinburgh Council on the Bail and Release from Custody (Scotland) Bill Financial Memorandum, 27 January 2023
Evidence Submission from Inverclyde HSCP on the Bail and Release from Custody (Scotland) Bill Financial Memorandum, 26 January 2023
Email from the British Fireworks Association to the Convener, Criminal Justice Committee, 23 June 2022
Email from the British Fireworks Association to the Convener, Criminal Justice Committee, 17 June 2022
See a full list of Stage 2 correspondance
[Revised Explanatory Notes]
[Revised Financial Memorandum]
[Revised Delegated Powers Memorandum]
The Bill ended Stage 2 on 1 June 2022
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Documents with the amendments considered at the meeting held on [date]
Marshalled List of Amendments for [Stage Number]
Groupings of Amendments for [Stage Number]
A Stage 2 'Marshalled List' is a list of all the amendments that have been proposed at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 84 for, 0 against, 25 abstained, 20 did not vote Agreed
See further details of the motion
The Bill ended Stage 3 on 29 June 2022
If the Bill is passed, it is normally sent for Royal Assent after about 4 weeks. Royal Assent is when the Bill gets formal agreement by the King and becomes an Act of the Scottish Parliament. Some Acts become law straight after Royal Assent. Some only become law on a later date. Sometimes different bits of the same Act become law on different dates.
[LINK TO ACT ON LEG.GOV]