Recommendations & Conclusions
28 items
1
Conclusion
Seventh Report - The role of adult cus…
Rejected
We are concerned by the increasing size of the remand population, and in particular by evidence of the increasing length of time people are spending in custody on remand. Efforts need to be focused on reducing this population and bringing forward the hearing dates of trials. A significant proportion of …
Government response. The government rejected the recommendation for a rapid evidence review, stating that work is already underway to consider evidence and risks, and the impact on the remand population is modelled in existing prison population projections.
Ministry of Justice
2
Conclusion
Seventh Report - The role of adult cus…
Accepted
The large number of people being remanded for non-violent offences suggests that many are being remanded due to repeat offending. This repeat non-violent offending is often symptomatic of underlying vulnerabilities, such as drug abuse, homelessness and mental ill-health, for which there is currently a lack of community provision. We believe …
Government response. The government partially accepted the recommendation, stating they are already working with the judiciary to consider the operation of the Bail Act 1976 and do not believe a further additional review of the Act is necessary. They did not commit …
Ministry of Justice
3
Recommendation
Seventh Report - The role of adult cus…
Deferred
We recognise that the pandemic led to delays in court hearings which have contributed to a growing remand population. However, it is important to stress that the remand population has been growing despite a decrease in the number of cases entering the Crown Court, and we are concerned that the …
Government response. The government rejected the recommendation for a rapid review into Crown Court case levels and remand population, stating it is not appropriate for them to mandate or direct judicial training as the judiciary is independent and responsible for its own …
Ministry of Justice
4
Conclusion
Seventh Report - The role of adult cus…
Deferred
The growing remand population is clearly a serious concern, both in relation to the numbers being held on remand and the length of time they are remanded to custody for. Custodial remand is a severe deprivation of liberty for those not yet found guilty of a crime and should only …
Government response. The government rejected the recommendation concerning the use and length of custodial remand, stating that as the judiciary is independent, it is not appropriate for them to review training materials provided to magistrates, although such materials are regularly reviewed by …
Ministry of Justice
5
Conclusion
Seventh Report - The role of adult cus…
Rejected
We have not identified significant issues with the legal framework set out in the Bail Act 1976 but have heard repeatedly that the application of the framework is becoming increasingly risk-averse when it comes to rebutting the presumption of bail. We believe this merits further investigation, and so recommend that …
Government response. The government rejected the recommendation, stating that numerous safeguards and a clear legal framework already exist for pre-trial detention and bail decisions, and it has no intention to review the Bail Act 1976 at this time.
Ministry of Justice
6
Conclusion
Seventh Report - The role of adult cus…
Accepted
Magistrates are responsible for hearing the majority of cases that lead to remanding to custody, and we heard that, particularly during the pandemic, the focus of training was on new ways of working and the use of technology. The application of the remand principles and the latest available alternatives to …
Government response. The government accepted the recommendation, outlining plans to improve pre-sentence report quality and delivery through a unified Probation Service, £155m additional funding, recruiting 1,500 trainee Probation Officers, and working with the judiciary on procedural and technological reforms to reduce delays.
Ministry of Justice
7
Recommendation
Seventh Report - The role of adult cus…
Deferred
Magistrates are required to communicate their remand decisions to the parties in open court; however, we have heard that this is not always done in a way which is understandable to the parties involved. Pronouncement templates for magistrates should be reviewed to ensure they are as clear as possible for …
Government response. The government partially accepted the recommendation, but instead discussed reforms in the draft Mental Health Bill to prevent remanding defendants solely for their mental health, and plans to strengthen community crisis care services, without addressing pronouncement templates.
Ministry of Justice
8
Recommendation
Seventh Report - The role of adult cus…
Acknowledged
Despite there being a legal framework in place that is intended to ensure that people who are detained are brought to trial as soon as possible, in practice a large proportion of the remand population is held beyond the custody time limit of six months. We are very concerned by …
Government response. The government accepted the recommendation in principle, but stated that current data on remand reasons is insufficient. It committed to monitoring and assessing data quality in the new Common Platform digital system to explore future data capture on remand decisions.
Ministry of Justice
9
Recommendation
Seventh Report - The role of adult cus…
Deferred
Those convicted but awaiting sentencing are not subject to custody time limits. It is, therefore, all the more important that the Government devotes sufficient resources to reduce delays to sentencing post-conviction. For example, the Government should ensure resources are available for the timely delivery of pre-sentence reports and sufficient judicial …
Government response. The government accepted the recommendation, but the response focused on the lack of policy intention to create remand-only prisons, the increase in the remand population due to court backlogs, and how it is managing prison capacity, rather than committing to …
Ministry of Justice
10
Recommendation
Seventh Report - The role of adult cus…
Deferred
We welcome the draft Mental Health Bill 2022 which legislates for the removal of using prisons as a place of safety for those with mental health difficulties. However, we call on the Government to go further, removing the provision in the Bail Act 1976 for remanding people into custody for …
Government response. The government accepted the recommendation, but the response focused entirely on its prison building program to deliver 20,000 additional prison places and invest in maintenance, without addressing the removal of remand for own protection or community provision.
Ministry of Justice
11
Recommendation
Seventh Report - The role of adult cus…
Deferred
We note with regret that the Government did not accept the recommendation in our Women in Prison Report to collect data on the number of women being remanded 44 The role of adult custodial remand in the criminal justice system for their own safety. As the draft Mental Health Bill …
Government response. The government accepted the recommendation, but the response outlined reforms from the draft Mental Health Bill regarding mental health transfers and preventing remand solely on mental health grounds, and described general support services for remand prisoners, without addressing the collection …
Ministry of Justice
12
Recommendation
Seventh Report - The role of adult cus…
Deferred
We have not heard compelling evidence to support the creation of dedicated remand prisons in England and Wales—such prisons can be difficult to govern and run effective regimes within. However, some prisons are now at risk of becoming dedicated remand prisons by default as non-remanded prisoners are moved to other …
Government response. The government accepted the recommendation, but the response described how Category B prisons manage their curriculum offer and ensure compliance through HMPPS contract management, without addressing the policy intention for dedicated remand prisons or funding for improving physical conditions.
Ministry of Justice
13
Conclusion
Seventh Report - The role of adult cus…
Deferred
There is clearly a need for greater support to help those on remand while in prison. Due to the average length of time defendants now spend on remand, they are more likely to lose their accommodation, employment, and custody of children, and if found guilty they are increasingly likely to …
Government response. The government accepted the recommendation, but the response focused on initiatives to help prisoners maintain family ties, such as secure social video calling and Pin phone services, rather than ensuring remanded individuals are not deprioritised for mental health, drug treatment, …
Ministry of Justice
14
Conclusion
Seventh Report - The role of adult cus…
Deferred
Although we recognise that those held on remand are under no obligation to engage with prison regimes, they should be encouraged to take part in meaningful activities and HMPPS needs to ensure that prisons with high remand populations have opportunities available for those held in them to utilise if they …
Government response. The government accepted the recommendation, but the response discussed various initiatives related to bail decisions for women, mental health remand reforms, and probation resettlement services, only vaguely committing to update the Committee on extending Commissioned Rehabilitative Services for women, without …
Ministry of Justice
15
Conclusion
Seventh Report - The role of adult cus…
Deferred
We heard evidence that targets for the number of visits a remand prisoner is entitled to are still not being achieved as prisons are yet to fully emerge from their pandemic regimes. HMPPS should ensure this entitlement is met, including giving consideration as to whether greater use of video facilities …
Government response. The government accepted the recommendation in principle but committed to providing specialised training for prison officers working with remand prisoners, rather than addressing the specific issue of visit entitlements or using video facilities for remote visits.
Ministry of Justice
16
Conclusion
Seventh Report - The role of adult cus…
Accepted
We are concerned by the high number of women placed on remand despite the often low risk that they pose to the public and the fact that many will not go on to receive a custodial sentence. The Ministry of Justice has acknowledged this is a problem, but more action …
Government response. The government detailed existing support for accommodation and homelessness and committed to extending Community Resettlement Service contracts for accommodation and Women’s Services to include unsentenced people in prison, noting that two regional contract extensions have already commenced.
Ministry of Justice
17
Conclusion
Seventh Report - The role of adult cus…
Deferred
We recognise the difficulties HMPPS faces surrounding the recruitment and retention of prison staff. This is an issue we intend to explore in more depth in our prison workforce inquiry. Evidence to this inquiry has highlighted how working with remanded prisoners can pose particular challenges for prison officers. Prison officers …
Government response. The government partially accepted the recommendation but responded by detailing existing resettlement support for acquitted individuals and outlining future considerations and reviews regarding accommodation, subsistence payments, and a trial for peer and employment support, entirely omitting the recommendation about staff …
Ministry of Justice
18
Conclusion
Seventh Report - The role of adult cus…
Deferred
We were disappointed to hear that resettlement support is not routinely available to those held on remand due to this category of prisoners being excluded from contracts agreed with providers as part of the reunification of the probation service. Those held on remand have a similar need for resettlement support …
Government response. The government partially accepted the recommendation, stating that bail/remand decisions are judicial, and then focused entirely on discussing electronic monitoring as an alternative to custodial remand and engagement with the judiciary on its use, without addressing resettlement support or temporary …
Ministry of Justice
19
Recommendation
Seventh Report - The role of adult cus…
Rejected
It is simply wrong that those who are remanded to custody, potentially for long periods of time, and are then acquitted, have no entitlement to resettlement support. Although they may not fall technically within the responsibility of probation services, the Government must nevertheless find a way to ensure acquitted individuals …
Government response. The government explicitly rejected the recommendation, explaining that comprehensive guidance on bail conditions already exists in the Adult Court Bench Book and that a new framework would risk complicating the process, without addressing resettlement support for acquitted individuals.
Ministry of Justice
20
Recommendation
Seventh Report - The role of adult cus…
Accepted
Custodial remand should only be used for those who are not suitable for alternatives, such as conditional bail or electronic monitoring. Greater engagement is needed between the Ministry of Justice and the Judiciary on the alternatives currently available to custodial remand. The Government should ensure that judges and magistrates are …
Government response. The government accepted the recommendation and detailed specific actions taken, including court outreach, awareness briefings to over 2,000 people, and the production of a video, committing to continue expanding engagement with the judiciary on electronic monitoring.
Ministry of Justice
21
Recommendation
Seventh Report - The role of adult cus…
Deferred
Conditional bail is a good alternative to remanding defendants to custody while also placing restrictions on the activity of an individual to help ensure they do not commit further crimes while on bail or abscond before their trial. However, there is no point applying bail conditions that are so onerous …
Government response. The government partially accepted the recommendation but responded by detailing the Bail Information Service pilot and its planned rollout to all courts and prisons from Summer 2023, rather than addressing the specific suggestion of a framework of guidelines for bail …
Ministry of Justice
22
Recommendation
Seventh Report - The role of adult cus…
Deferred
We welcome the Government’s commitment to the use of electronic monitoring. Such technology offers opportunities to prevent the use of custodial remand through monitoring in the community and can also monitor compliance with bail conditions. We recommend that the Ministry of Justice ensure magistrates are provided with the information on …
Government response. The government accepted the recommendation but then focused on the expansion of Community Accommodation Service Tier-2 (CAS-2) bed spaces and monthly reviews of demand, only briefly linking it to electronic monitoring outreach work without detailing how magistrates will be informed …
Ministry of Justice
23
Recommendation
Seventh Report - The role of adult cus…
Deferred
There should be more consistent provision of Bail Information Services in courts to give decision-makers greater confidence in the bail package being presented to them. We recommend that the outcomes of the current pilot relating to these services are published, and that the service should then be scaled up so …
Government response. The government accepted the recommendation but responded by detailing the provision of Community Accommodation Service Tier 2 (CAS-2) beds, particularly for women, and the use of Approved Premises and electronic monitoring, without addressing the requested publication of Bail Information Service …
Ministry of Justice
24
Conclusion
Seventh Report - The role of adult cus…
Deferred
The Community Accommodation Service Tier-2 plays an important role in supporting the courts and prisons in making the best use of custody by providing an address for people on bail or licence who have no suitable accommodation. The Ministry of Justice should conduct an assessment of whether the 550 beds …
Government response. The government accepted the recommendation in principle but responded by discussing the use of video technology in remand hearings and committed to considering research to ensure remote technologies do not adversely impact remand hearings or custodial remand rates, rather than …
Ministry of Justice
25
Recommendation
Seventh Report - The role of adult cus…
Deferred
Bail accommodation is a particularly acute issue for women, with shortages of appropriate accommodation and that which is available often being far from home. The role of adult custodial remand in the criminal justice system 47 The Government should look at ways of expanding the accommodation offer and emphasise the …
Government response. The government's response addresses the publication of remand data, committing to improve what they publish and include an additional ethnicity table by April 2023, but it does not address the core recommendation regarding expanding bail accommodation for women or emphasizing …
Ministry of Justice
26
Conclusion
Seventh Report - The role of adult cus…
Accepted in Part
We recognise that for routine hearings there is a benefit of using video links from prison so a remanded defendant does not have to experience frequent disruption going to and from court. However, the convenience of video technology must not affect a defendant’s access to justice, and should not become …
Government response. The MoJ will consider what research might be undertaken to provide assurance that the use of remote technologies such as video links does not have any undue adverse impacts on remand hearings and on the rate of custodial remand.
Ministry of Justice
27
Recommendation
Seventh Report - The role of adult cus…
Deferred
The Ministry of Justice should conduct research into the potential effects on remand rates of using video links in prison and police stations to ensure that use of these technologies is not having a significant impact on the number of individuals being remanded to custody.
Government response. The government accepts the recommendation in principle, agreeing that remote technologies should not lead to disparate outcomes. However, they state the MoJ will only *consider what research might be undertaken* to assess the impact of video links on remand rates, …
Ministry of Justice
28
Recommendation
Seventh Report - The role of adult cus…
Accepted in Part
It is only on the basis of good quality data in respect of the use of custodial remand that there can be effective policy-making. More data needs to be collected and published on remanded defendants, particularly in relation to the reasons for refusing bail, the length of time people are …
Government response. The government partially accepts the recommendation, rejecting a new dedicated quarterly publication for remand data but committing to improving existing publications. They will add a new table on remand prison population by ethnicity to the Offender Management Statistics and will …
Ministry of Justice