The role of adult custodial remand in the criminal justice system

Review legal framework for custody time limits to prevent excessive pre-trial detention

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 … Read more 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 the recent figures showing that 770 prisoners have been held in custodial remand for over two years. The Government should review the legal framework for custody time limits to determine whether it is effective in ensuring that defendants are not deprived of their liberty for longer than is reasonable. It should be standard practice that custody time limits are strictly adhered to except in exceptional circumstances. In particular, an unconvicted defendant should not spend more time on remand than they would be likely to receive from any eventual custodial sentence, having regard to the relevant sentencing guidelines. Show less