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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

3 items
1 Conclusion Seventh Report - The role of adult cus… Rejected

Increasing remand population and prolonged custody periods pose serious concern

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
5 Conclusion Seventh Report - The role of adult cus… Rejected

Application of Bail Act 1976 becoming increasingly risk-averse, warranting investigation

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
19 Recommendation Seventh Report - The role of adult cus… Rejected

Ensure acquitted individuals receive resettlement support, accommodation assistance, and discharge grants.

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