Bail in Scotland: Who Gets Released, Who Gets Remanded — and Why

Why can someone accused of a serious crime be released on bail — and why might the detectives investigating them sometimes be pleased when that happens? Former Scottish detectives Tom Wood and Simon McLean take an inside look at bail and remand: what bail actually means, how the system has changed during their careers, and the factors courts consider when deciding whether an accused person should remain at liberty or be held in custody pending trial. They discuss the days when bail could literally mean putting up money for someone's release, the continuing use of bail bonds in the United States, and the underlying principle in Scots law that an accused person has not yet been convicted and should normally remain at liberty unless there is sufficient reason to keep them in custody. Tom and Simon examine the practical reasons bail may be opposed, including: the seriousness of the alleged offence; the risk of absconding; further offending; interference with witnesses; destruction or concealment of evidence; and obstruction of justice. Tom also reveals a less obvious reality from major investigations: detectives could sometimes be quite pleased when a person facing a serious charge was granted bail. Keeping someone in custody starts strict legal timetables and can put enormous pressure on investigators trying to assemble a complex case. The conversation also explores how Scottish bail law developed through precedent and stated cases, changes to the modern bail test, the use of remand, and the police practice of releasing accused people on undertakings to appear at court. Simon and Tom also refer to the recent Simon Levy case while discussing the risks associated with offending while on bail. Later, the conversation moves to policing and drugs, as Tom discusses news he had read about advances in hepatitis C treatment. That prompts both detectives to recall the very real dangers faced by officers searching people who used injected drugs — including uncapped needles, needle-stick injuries and the routine question: “Do you have any sharps? Do you have any spikes?” It's an aspect of criminal justice that everyone has heard of, but one that is often very different from the version portrayed on television. Real cases. Real detectives. Real talk. Suggested Chapters 00:00 — Cold open: why detectives might actually want bail 00:52 — What bail really means 01:28 — When bail meant money 03:08 — Liberty before trial and the presumption of bail 04:17 — When bail can be opposed 04:34 — Simon Levy and offending while on bail 05:04 — Why accused people are remanded 06:10 — Why bail can help a murder investigation 06:54 — Common law, precedent and stated cases 10:20 — Modern bail rules and reducing remand 11:55 — What police put before prosecutors 12:40 — Undertakings and release from custody 13:55 — Lord Wheatley and the war on drugs 14:54 — Hepatitis C and the risks faced by drug-squad officers 18:11 — Closing About Crime Time Inc. Season 5 of Crime Time Inc. broadens its reach across two sides of the Atlantic. This season features cases from Scotland and across the wider UK — rooted in real investigative experience — alongside deep dives into some of the most infamous murder cases in American history. Hosted by former detectives Simon and Tom, with experience in both the UK and the United States, including time working alongside the FBI, the show strips away sensationalism to explain how crime and justice really work. Two crime worlds. One podcast. New episodes released regularly throughout the season. Our Website: https://crimetimeinc.com/ If you like this show please leave a review. It really helps us. Please help us improve our Podcast by completing this survey. http://bit.ly/crimetimeinc-survey Hosted on Acast. See acast.com/privacy for more information.