Recommendation 24

HM Government · verbatim extract Deferred

64. We are making changes through the Sentencing Bill to the legislation which guides how custodial remand is used by the courts, which will help to address the unsustainable growth in the prison remand population. 65. These changes amend the “no real prospect” test in the Bail Act 1976 to align the test with the presumption to suspend short sentences so that fewer exceptions to the presumption in favour of bail will apply where the court considers that a sentence of immediate custody is unlikely. 66. While the level of risk posed to the public is an important consideration for the courts, there are also occasions where remand is necessary to protect the integrity of the criminal court process to ensure justice can be delivered. We believe that these exceptions to bail must continue to be available to the courts. 67. We will continue to work closely with our partners in the criminal justice system to prepare for the implementation of the Bill, and subsequently to monitor the impact on the adult remand population. 68. In tandem, we are continuing to take steps to raise awareness of—and remove barriers to—the use of bail as an alternative to custodial remand where appropriate. These include the continued roll out of a national, dedicated, and pro-active Bail Information Service (BIS).