Recommendations & Conclusions
18 items
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 …
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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 impact of higher police numbers and a return to pre-pandemic case levels may lead to further increases in the remand population. In view of the risk of case levels increasing, we recommend that the Government conducts a rapid review to understand why the number of cases entering the Crown Court remains depressed, what the risks are of the number of cases increasing again, and to model the effect of changes in the number of cases entering the system on the remand population.
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Government response AI summary
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 training.
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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 …
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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 be used for those who pose a serious risk to the public or of absconding if they awaited trial on bail, and the remand period should be kept as short as possible to ensure justice is served in a timely manner. (Paragraph 26) The role of adult custodial remand in the criminal justice system 43 Legislative framework and the courts
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Government response AI summary
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 the Judicial College.
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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 …
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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 those being sentenced and their use should be monitored to ensure they are being used consistently
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Government response AI summary
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.
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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 …
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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 capacity to enable judges to sentence defendants as soon as they are able. The Government should also examine the reasons for the increase in the number of convicted defendants awaiting sentence and consider whether there are any procedural or technological reforms that could reduce delays.
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Government response AI summary
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 specific actions to reduce post-conviction …
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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 …
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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 their own protection in all situations, and providing adequate provision in the community for those people who would have been remanded to custody solely for their own protection.
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Government response AI summary
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.
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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 …
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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 means that the ability to remand for one’s own protection for reasons other than mental health will continue to exist, we reiterate our previous recommendation that the Government should collect data on the use of remand under this provision, not only for women but for all individuals detained for their own protection. (Paragraph 61) Prisons
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Government response AI summary
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 of data on remand for …
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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 …
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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 types of prison in order to cope with the capacity pressures caused by the growing remand population. The Ministry of Justice should set out whether this is its policy intention; and if it is not, then HMPPS needs to take steps to reduce the remand population in some of its prisons. We note also that Category B prisons often represent the worst of the prison estate, with poor, overcrowded conditions and staffing difficulties. We also recommend that as the Government invests in its prison- building programme, funding must also be allocated to deliver an improvement in conditions in the Category B estate.
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Government response AI summary
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.
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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 …
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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 be released on time served without having received the release date required to access some vital services. Support services for those remanded into custody need to be in place to help manage this. HMPPS should ensure that remanded individuals are not deprioritised for services such as mental health assessments, drug treatment, education, training, and employment due to their lack of release date.
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Government response AI summary
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, education, training, and employment services.
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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 …
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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 so desire. We welcome the increasing availability of shorter courses for those not anticipated to be in prison for long periods of time to take part in, and recommend that the Ministry of Justice ensures that such courses are in place in all Category B prisons by the end of
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Government response AI summary
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 addressing meaningful activities or short …
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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 …
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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 set up to communicate with courts could be used to facilitate remote visits where in-person visits are not possible.
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Government response AI summary
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.
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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 …
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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 must be given specialised training on the particular needs of remand prisoners and how to engage them in a prison regime. (Paragraph 98) Resettlement following time spent in custodial remand
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Government response AI summary
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 training.
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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 …
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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 as the sentenced population and it is concerning that this support is not being provided simply due to contractual issues. We agree with the Minister that it is not acceptable that, in some cases, remand prisoners are being handed tents on release in the absence of suitable accommodation. The Ministry of Justice needs to do more to ensure that all people leaving prison have the option of temporary housing if it has not been possible to find more permanent accommodation prior to release. We welcome the commitment by the Government to update contracts with resettlement teams. The work to include those on remand in the contracts for resettlement accommodation should be completed by April 2023.
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Government response AI summary
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 housing.
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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 …
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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 that it unrealistic that a defendant will be able to comply with them. We were struck by the lack of guidance on the use of bail conditions. When sentencing, judges and magistrates must apply sentencing guidelines to determine the appropriate sentence. A framework for bail conditions, with accompanying guidance, could improve the effectiveness and consistency of the use of conditional bail. The Government should engage with the judiciary on how to improve the consistency of bail conditions, for example, by introducing a framework of guidelines on bail conditions. Such a framework could also set out how these conditions can be monitored for compliance to ensure they provide an effective alternative to custodial remand.
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Government response AI summary
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 conditions.
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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 …
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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 the forms of electronic monitoring that are available and what they can be used for to improve awareness and confidence in the use of tagging as an alternative to custodial remand.
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Government response AI summary
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 about EM.
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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 …
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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 that it is available in all magistrates’ courts if it is proven to help in putting together effective bail packages.
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Government response AI summary
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 pilot outcomes or its planned …
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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 …
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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 currently contracted through the Service is sufficient to meet the requirements of its core user groups, including the extent to which the absence of available accommodation may be an underlying contributory factor in defendants being remanded to custody.
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Government response AI summary
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 assessing CAS-2 bed sufficiency.
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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 …
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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 use of alternatives such as electronic tagging if suitable accommodation is not available. (Paragraph 139) Data and technology
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Government response AI summary
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 electronic tagging.
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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.
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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.
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Government response AI summary
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, rather than committing to conduct …
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Ministry of Justice