Source · Select Committees · Justice Committee
Recommendation 7
7
Deferred
Paragraph: 44
Review pronouncement templates for magistrates to ensure clarity and consistent application
Recommendation
Magistrates are required to communicate their remand decisions to the parties in open court; however, we have heard that this is not always done in a way which is understandable to the parties involved. Pronouncement templates for magistrates should be reviewed to ensure they are as clear as possible for those being sentenced and their use should be monitored to ensure they are being used consistently
Government Response Summary
The government partially accepted the recommendation, but instead discussed reforms in the draft Mental Health Bill to prevent remanding defendants solely for their mental health, and plans to strengthen community crisis care services, without addressing pronouncement templates.
Paragraph Reference:
44
Government Response
Deferred
HM Government
Deferred
We partially accept this recommendation. The Government believes that there are times when it will be appropriate for the courts to have the ability to remand someone in custody for their own protection, for example, in cases where the defendant is a member of a gang and could be subject to repercussions if they were not protected. For this small cohort of cases, it is important that we can retain the ability to remand someone to prison for their own protection. Although the Government rejects the recommendation to remove the power to remand defendants to custody for their own protection in all situations, the draft Mental Health Bill sets out reforms to the Bail Act 1976 which will prevent courts from remanding defendants for their own protection where the sole concern is the defendant’s mental health, there are no further plans to remove it in wider situations. To ensure that we can safely enact this reform, it is vital that clear, appropriate pathways are in place from first contact with the criminal justice system into the right care and support, whether by accessing community mental health services, or receiving treatment in hospital under the Mental Health Act, where appropriate. We will continue to work with partners to strengthen pathways from police custody and court into treatment through NHS Liaison and Diversion services and health services commissioned and funded by regional Police and Crime Commissioners. The Government is committed to strengthening crisis support by investing £150 million of capital in NHS mental health crisis response and urgent and emergency care services up to April 2025. This includes £7 million for specialised mental health ambulances, with the remaining £143 million being used to provide new and improve existing mental health urgent and emergency care infrastructure. As part of this, the funding will support schemes such as crisis cafes, crisis houses and crisis hubs. Step-down services, mental health urgent assessment and care centres, crisis line upgrades and improvements to health-based places of safety and emergency department spaces are also being funded. Taken together, these projects will ensure that people experiencing— or at risk of experiencing—mental health crisis will be supported in an appropriate, safe environment, including people who have come into contact with the police. By strengthening crisis care services in the community, we can also prevent people who are at risk of crisis from coming into contact with the criminal justice system in the first place.