§ Mr. Ancramasked the Solicitor-General for Scotland what is Crown Office policy in respect of persons who reoffend while on bail.
The Solicitor-General for ScotlandSince the coming into force of the Bail Etc. (Scotland) Act 1980, where proceedings were to be taken against persons alleged to have committed an offence while on bail, they could be charged either with a contravention of section 3(1)(b) of the Act, or with the alleged substantive offence itself. In 65W most cases, such accused persons have been charged with the substantive offence rather than the section 3(1)(b) contravention.
The whole question of "double jeopardy" in connection with breaches of bail conditions and the prosecution policy in this respect have been reviewed in the light of the decision of the High Court of Justiciary in the stated case Aitchison v Tudhope (1981 SLT 231) and the opinion issued on 26 March 1982 by the Lord Justice Clerk in a recent bail appeal from Edinburgh sheriff court.
As a result of this review, my noble and learned Friend the Lord Advocate and I consider it right to charge an accused person both with a contravention of section 3(1)(b) of the 1980 Act and with the substantive offence which was a breach of the bail order and that this does not constitute "double jeopardy" since the two charges involve different species facti and are separate offences. Accordingly my noble and learned Friend the Lord Advocate is to instruct procurators fiscal that in appropriate circumstances they should prosecute the accused person for the offence under section 3(1)(b) and for the substantive additional offence. This will not prevent courts from reconsidering the original grant or condition of bail in terms of section 3(9) of the 1980 Act.