Select committee: Justice Committee
Recommendation 8
Seventh Report - The role of adult custodial remand in the criminal justice system
Published 17 Jan 2023
Paragraph 49
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 ↗
Recommendation (the committee's words)
Despite there being a legal framework in place that is intended to ensure that people who are detained are brought to trial as soon as possible, in practice a large proportion of the remand population is held beyond the custody time limit of six months. We are very concerned by the recent figures showing that 770 prisoners have been held in custodial remand for over two years. The Government should review the legal framework for custody time limits to determine whether it is effective in ensuring that defendants are not deprived of their liberty for longer than is reasonable. It should be standard practice that custody time limits are strictly adhered to except in exceptional circumstances. In particular, an unconvicted defendant should not spend more time on remand than they would be likely to receive from any eventual custodial sentence, having regard to the relevant sentencing guidelines.
From: Justice Committee, Seventh Report - The role of adult custodial remand in the criminal justice system (HC 264), paragraph 49, 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.