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 …
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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 defendants held on remand will be found not guilty, and so it is vital that they are not deprived of their liberty for long periods of time. For those found guilty and given a custodial sentence, they should be progressing on to sentence planning to prepare them for release, rather than waiting long periods of time for their sentence to be passed. The need for efforts to reduce the population are particularly pressing now, given the current capacity crisis in the prison system, and the recent activation of Operation Safeguard to allow the temporary use of up to 400 police cells to hold prisoners, with the growing remand population given as a reason for increased demand on prison spaces.
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Government response AI summary
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.
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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 …
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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 the Government commissions an independent review into whether the application of the Bail Act 1976 is still operating as intended.
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Government response AI summary
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.
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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 …
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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 are supported to return to the community in a way that is at least equivalent to those who are released having served a custodial sentence. As a minimum, they should be assisted in finding temporary accommodation following their release and be entitled to the same discharge grant as those who are sentenced and then released. The renegotiation of accommodation support contracts would appear to be a good opportunity to consider how similar support can be given to those who are acquitted. We would therefore like to see progress in relation to this matter by April 2023, the target date the Ministry gave us for the renegotiation of support contracts. This issue is now all the more acute because of the increase in time that defendants are spending on remand and the increased adverse consequences for them that accompany this. (Paragraph 111) 46 The role of adult custodial remand in the criminal justice system Alternatives to custodial remand
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Government response AI summary
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.
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Ministry of Justice