Select Committee · Justice Committee

The role of adult custodial remand in the criminal justice system

Status: Closed Opened: 4 Mar 2022 Closed: 14 Sep 2023 15 recommendations 13 conclusions 1 report

This inquiry sought to understand why the number of people on remand has increased since Covid, whether remand to custody is fit for purpose and being appropriately applied, and what effect custodial remand has on the prison population. Read the call for evidence to find out more about the inquiry .

Clear

Reports

1 report
Title HC No. Published Items Response
Seventh Report - The role of adult custodial remand in the… HC 264 17 Jan 2023 28 Responded

Recommendations & Conclusions

4 items
2 Conclusion Seventh Report - The role of adult cus… Accepted

Lack of community provision for underlying vulnerabilities contributes to non-violent remands

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
6 Conclusion Seventh Report - The role of adult cus… Accepted

Magisterial training requires focus on remand principles and alternatives to custody

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
16 Conclusion Seventh Report - The role of adult cus… Accepted

High number of low-risk women unnecessarily placed on custodial remand.

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
20 Recommendation Seventh Report - The role of adult cus… Accepted

Increase judges' and magistrates' awareness and confidence in effective alternatives to custodial remand.

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