A Dundee defence solicitor has branded as ”a joke” an apparent move by city prosecutors to oppose bail in every criminal case with a racial element.
Ian Houston claimed the ”appalling policy” was being carried out whether the accused was a ”first-time offender or hardened criminal”.
Mr Houston hit out after a client on an alleged racially aggravated breach of the peace was remanded in custody after the Crown formally appealed a sheriff’s decision to bail him.
The Crown Office has denied it operates such a policy, insisting that each case is heard on its ”own facts and circumstances”.
However, Mr Houston, from the firm Bruce Short, said he ”had been told” the alleged policy was operating in Dundee.
He said: ”It’s a joke. Whether a person is a first-time offender or a hardened criminal, there is an across-the-board policy to oppose bail where there is an alleged racial element. It’s absolutely appalling.
”My client has had to spend the weekend in custody. I don’t know why the Crown would do this. You just can’t have a blanket policy for any kind of offence. There have been cases in Dundee of people being charged with murder and granted bail.”
Mr Houston’s client, 41-year-old John Hill, appeared at Dundee Sheriff Court last week accused of three charges, including conducting himself in a disorderly manner in a police vehicle by repeatedly shouting racist comments, swearing and making threats of violence towards a man and a woman.
Hill denied the charges and Mr Houston moved for bail ahead of a trial on November 11.
Depute fiscal Garry Sturrock opposed bail saying it was ”not in the public interest” but Sheriff George Way granted Hill his liberty on the condition he did not approach the two complainers.
However, Mr Sturrock immediately appealed against the sheriff’s decision, leading to Hill being remanded until the appeal hearing.
Mr Sturrock told the court that each case was heard ”on its own facts and circumstances”.
The appeal hearing is expected to be heard on Tuesday.
These hearings must take place within three working days and are heard in private at the Court of Appeal in Edinburgh.
Mr Houston said: ”It will be interesting to see if the advocate depute supports this appeal as most of them are thrown out.”
A Crown Office spokesman said: ”The Crown Office and Procurator Fiscal Service recently announced that it had reviewed its approach to opposing bail in criminal cases.
”Public, victim and witness protection is the guiding principle in determining whether or not to oppose bail.
”Each case is considered on its own facts and circumstances and the decision on whether to oppose bail is taken accordingly. As an appeal has been lodged in this case, it would be inappropriate to comment further.”