Clackmannanshire Council Online

Bail Information and Bail Supervision

Bail Information and Bail Supervision

A person may appear from police custody or police undertaking when appearing at court for a new charge. After someone first appears in court on a new charge, there may be a period of time before the case is concluded. This period can be lengthy - ending either when the person is found not guilty or when a final sentence is imposed. 

During this time, the court must decide how to manage the person while their case is ongoing. 

If the court has no concerns about behaviour or risk, the person may simply be 'ordained to appear' at future hearings. This means they are required to attend court when instructed but have no additional conditions. 

In other cases, the court may decide that safeguards are needed to

• ensure attendance at future court hearings 
• promote good behaviour while proceedings continue 
• protect witnesses or the public from alarm or distress 

In these situations, the court can

• remand the person in custody, or 
• grant bail, sometimes with specific conditions attached 

Bail is an order by a court that allows a person accused of an offence to remain in the community while their case is ongoing, rather than being held in custody. Bail conditions may include requirements such as living at a particular address, not contacting certain individuals, or complying with supervision. Failing to follow bail conditions (a breach) is a criminal offence. 

Bail supervision is one way the court can support someone to comply with their bail conditions and reduce the risk of further offending. It is a form of support and monitoring designed to

• help people meet the conditions of their bail 
• support them to keep in the community safely 
• reduce the risk of further offending 

Bail supervision can include electronic monitoring or police curfew where appropriate. 

Justice social work staff may be involved if the court includes supervision conditions as part of a bail decision. This means meeting regularly with a worker who can support you during this period. Justice social work staff will meet with an individual at court to discuss bail supervision and the support that can be offered. They will then provide the court with a written or verbal report regarding suitability. 

Support in the community can include referrals to mental health, drug, or alcohol services.

Bail Supervision is for people who

• have been granted bail by the court 
• are required to adhere to supervision as a bail condition 
• are engaging with justice social work 

You do not decide to use this support yourself - the court determines whether supervision is required. 

If you are unsure whether supervision applies in your case, speak to your solicitor or the court in the first instance. 

For further information and support around Bail Information and Supervision, you can access the community directory or the Community Interventions and Support Directory - Community Justice Scotland. 

Depending on your circumstances, the following services may help: 

• Shelter Scotland 
  • Housing Support/Information  
• Transform Forth Valley 
  • Peer support and recovery-focused support for individuals affected by substance use  
  • t: 01259272112 
• Change Grow Live 
  • Drug, alcohol, smoking, homelessness, justice, probation and employment support 
• Recovery Scotland 
  • Addiction and mental health support  ​
• Clackmannanshire Works for employability support 
  • ​Employment support 
• Andy's Man Club 
  • Mental health support  
  • Sessions run on Mondays locally
• Scottish Women’s Aid 
  • Support and advocacy for women affected by domestic abuse  
    t: 0800 0271234  

When a Bail Supervision Order is in place, the justice social work service will

• arrange regular meetings (typically up to three times per week) until the court case is concluded 
• work with you to develop an agreed support plan 
• provide a welfare focused, relationship based approach 
• help link you with appropriate services (eg wellbeing support, housing, addiction services) 

The aim is to help you comply with your bail conditions, address factors that may contribute to offending, and support positive changes in your life. 

Failure to comply with bail supervision can result in the supervision being returned to court for alternative outcomes.  

Progress reports can be provided to court for future appearances, if requested by the courts.   

• Court decision 
  • Sheriff (judge) may impose Bail Supervision as part of bail conditions. ​
• Initial contact 
  • A justice social worker will contact you to introduce themselves and explain how supervision will work. ​
• Assessment and plan 
  • You and your worker will agree a supervision plan, including meeting frequency and any support actions. ​
• Regular contact 
  • You will meet with your worker as required. This may include talking about challenges, accessing services, and reviewing progress. ​
• Review 
  • Your supervision plan will be reviewed regularly to make sure it continues to meet your needs and the court’s expectations. ​
• Court outcomes 
  • If you are found not guilty or not called etc, bail supervision will cease. If you are convicted and further reports are required, please visit the justice social work report page for next steps.  

Compliance with supervision helps reduce the risk of reoffending and supports successful engagement with the justice process.