Select committee: Justice Committee
Conclusion 5
Seventh Report - The role of adult custodial remand in the criminal justice system
Published 17 Jan 2023
Paragraph 37
Addressed to Ministry of Justice
Justice Committee The role of adult custodial remand in the criminal justice system All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗
Conclusion (the committee's words)
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.
From: Justice Committee, Seventh Report - The role of adult custodial remand in the criminal justice system (HC 264), paragraph 37, 17 January 2023
Government response
The government responded to the whole report on 31 March 2023 (deadline 17 March 2023).
Summary written by Accountability Index from the government's response. It is not the government's own words.The Government welcomes the report, says it is "already undertaking work on the majority" of the recommendations, and that some are accepted partially or in principle while others are "not within the Government's gift to accept".
- It rejects a rapid review of Crown Court case levels, saying that the potential effect on the remand population "has been modelled within our published prison population projections".
- On magistrates' training and pronouncement templates, it rejects the recommendations, saying that as the judiciary is independent it is "not appropriate for the Government" to direct training or review materials.
- It rejects a review of the legal framework for custody time limits, stating that the framework "is clear and effective" and that "There is no intention to review" it "at this time".
- On a Bail Information Service roll-out, it partially accepts, anticipating a dedicated and proactive service "could be rolled out to all courts and prisons from Summer 2023, subject to funding", with robust data published in early 2024 as its aim.