University:
University College London
Course:
LAWS0007 | Criminal Law
Academic year:

2024
Views:

268

Pages:

2
Author:

Nam B.

The Practice Of Pre-Trial Detention In England And Wales: Changing Law And Changing Culture Presented by: Prof. Cape Date: 31 March 2023 Law Governing Pre-Trial Detention - A (rebuttable) presumption in favor of bail - which can be displaced only if one or more of the statutory grounds applies - The major grounds for withholding bail are substantial grounds for believing that the defendant will - • Fail to turn up in court • Interfere with witnesses or the investigation • Commit further offences In considering the grounds, the court can take into account any relevant factor including, specifically • Seriousness of the alleged offence • Strength of the prosecution evidence • Defendant's record in answering bail in the past • Likely sentence if convicted • Defendant's character and previous convictions Pre-Trial Detention Statistics In England And Wales - Proportion of prison population in pre-trial detention - 12% - one of the lowest in the world - However - E&W has one of the highest per capita prison populations in Europe, so the number in pre-trial detention is high - about 10,000 on any particular day, and about 80,000 remanded in pre-trial detention each year - Of those charged with a criminal offence – • 50% are produced in court in custody • - 20% are remanded in custody (placed in pre-trial detention) by the court Nearly half of defendants who are placed in pre-trial detention are subsequently found not guilty or, if guilty, given a non-custodial sentence Why Is The Use Of Pre-Trial Detention So High? - Complex legislation, inadequate training and confusion (of lay magistrates) regarding the grounds for withholding bail - A significant information deficit - Lack of time devoted to pre-trial detention decision-making more time is spent on processing cases than on pre-trial detention decisions - Poor reasoning - in the majority of observed cases (two-thirds) the announced decision only referred to the statutory grounds and reasons - Lack of resources to enable bail to be granted with conditions (alternative measures) The statements - Statement 1: Pre-trial detention is mostly a measure geared to secure the presence of defendants at trial. Other grounds of detention are marginal in the law and/or in practice in your jurisdiction. • Likelihood of further offending is the most frequently cited ground for pre-trial detention - Statement 2: Grounds for detention aimed at preventing re-offending and/or protecting victims (and the general public) are the main cause of the over- over-use of pre-trial detention in your jurisdiction • It follows from the answer to Statement 1 that fear of further offending is an important factor in the over-use of PTD - Statement 3: Current procedural rules allow judges too much discretion to order or extend pre-trial detention. This can be solved by amending the statutory framework, e.g. by posing more constraints on judicial discretion. • We are not convinced that further constraints on discretion would be significant in England and Wales