Source · Select Committees · Justice Committee
Recommendation 4
4
Deferred
Growing remand population and lengthy detentions constitute a serious concern
Conclusion
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
Government Response 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.
Government Response
Deferred
HM Government
Deferred
We reject this recommendation. The judiciary of England and Wales is independent of Government. It is not appropriate for the Government to review training materials that are provided to magistrates, which therefore means the Government is unable to accept any decisions on recommendations reserved for the judiciary. It is essential that defendants understand the explanation of why they are being remanded into custody or what sentence they have been given. Pronouncement cards, which are designed to provide guidance for magistrates, and training on pronouncements for magistrates, are reviewed regularly to reflect changes to powers and to reflect feedback. These cards are easily accessible to magistrates from the devices that they use in court. As of early 2022, magistrates can also use the Sentencing Council website to access the cards and electronically build individual pronouncements before delivering them.