Source · Select Committees · Justice Committee

Recommendation 1

1 Rejected Paragraph: 12

Increasing remand population and prolonged custody periods pose serious concern

Conclusion
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.
Government Response 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.
Paragraph Reference: 12
Government Response Rejected
HM Government Rejected
Service (HMPPS), His Majesty’s Courts and Tribunals Service (HMCTS) We reject this recommendation. The Department (MoJ) agrees on the importance of understanding the risk of the volume of cases entering the Crown Court increasing. However, work is already undertaken to consider the evidence and risks, and the potential impact on the remand population has been modelled within our published prison population projections. We therefore do not believe a rapid evidence review is necessary. Predicting future crime trends and the projected behaviour of the justice system will always involve uncertainty. The MoJ regularly works with our Criminal Justice System partners to gather the latest insights surrounding future police and prosecutorial activity to better understand the possible future level and composition of demand entering the court system, including the potential remand population, and to support wider departmental planning. The MoJ’s prison population projections publication, published at the end of February 2023, utilises this insight to consider and demonstrate the impact on the remand population of three different demand scenarios (in terms of level and composition) hitting the court system. The MoJ will continue to review the latest data and insights and consider the implications of these for the remand population. Legislative framework and the courts