First Minister refuses to rule out early release for thugs who attack women
First Minister John Swinney refused to commit to preventing men accused or convicted of violence against women from being granted bail or released early from prison, despite pledging "personal leadership" on tackling violence against women and girls. He was challenged at First Minister's Questions by opposition parties following the recent deaths of Stacy Hunter and Samantha Lee, both killed by their partners or exes, with Swinney acknowledging the summer's events in Scotland had been "appalling" but stopping short of backing specific policy demands.
Conservative leader Russell Findlay called for the reinstatement of a statutory presumption against bail for those accused of violent, sexual or domestic abuse offences, repealed in 2023, and urged Swinney to scrap automatic early release for such offenders. Hunter, 35, was killed by her estranged husband weeks after he was bailed on strangulation charges, while Lee, 54, was killed with a claw hammer by a partner who was subject to a non-approach order. Labour's Jackie Baillie pressed for a timetable on GPS tracking of bail offenders, citing further cases including the 2021 murder of Claire Inglis, while Swinney said pilot GPS tracking work was under way and he wanted progress "as quickly as possible."
In short
- Swinney won't rule out bail or early release for violent offenders against women
- Follows deaths of Stacy Hunter and Samantha Lee by partners/exes
- Opposition demands bail presumption reversal and GPS tracking timetable
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
Supporters of tighter bail rules and limits on early release argue that people accused of serious abuse may pose an immediate, foreseeable danger, and that preventable failures can have devastating consequences for victims. They say stronger presumptions against bail, earlier use of GPS monitoring and restrictions on release for violent offenders could improve public protection and show that women’s safety is being prioritised.
The case against
Those wary of the proposed restrictions argue that accusation alone should not lead to detention: bail decisions must weigh individual risk against the presumption of innocence and the right to liberty. They may also contend that automatic limits on early release are too blunt, and that targeted risk assessment, enforcement of protective orders and properly evaluated monitoring can protect victims while preserving fair and proportionate decisions.
Explained simply
Scotland’s criminal justice system makes separate decisions about bail, which lets an accused person live in the community while awaiting trial, and release from prison before a sentence has been fully served. In 2023, Scotland repealed a legal presumption against bail for people accused of certain violent, sexual or domestic abuse offences; bail decisions are now made under the law by courts on the circumstances of each case.
The Scottish Government, led by First Minister John Swinney, sets criminal justice policy, while courts decide individual bail cases and prison authorities manage release. The debate matters because campaigners and politicians have raised concerns about how well existing measures protect women at risk, including non-approach orders and proposed GPS monitoring of some people on bail.