Report and Recommendations - Scottish Government

liberation conditions. The sheriff should be able to vary a condition or toterminate the liberation on conditions altogether.Liberation at or post charge5.3.15 As detailed in the introduction to this chapter, the Review is concerned toensure the liberation of the suspect, when appropriate, both at the point ofpolice charge or report to the procurator fiscal and during any subsequentperiod in custody prior to his/her appearance in Court. Again, the principle isthat no person should be kept in custody prior to court appearance for anylonger than is necessary and proportionate. In this regard, the police should begiven the power to liberate a suspect after charge or intimation of intention toreport the suspect to the procurator fiscal, on special conditions, such as acurfew. As with investigative liberation, a summary process to review anyconditions should be available.5.3.16 When the police do not intend to recommend opposition to bail at a courthearing, the suspect should be released, either unconditionally or on anundertaking to appear at court on a specified future date. Such decisionsshould be taken, as does happen at present, at the discretion of the police,applying guidelines from the Lord Advocate. But in borderline cases, thedirection of the procurator fiscal should be actively sought and given. Theprocurator fiscal should have an express power to review police decisions onliberation and to liberate also on standard or special conditions. In the case ofliberation on any conditions, which should remain time constrained as atpresent, there ought once more to be a summary process enabling the suspect131