Presumed Innocent but Behind Bars - Is Remand Overused in England and Wales?
The pre-trial detention rate in England and Wales has been remarkably consistent for decades, and
the causes of inappropriate use of pre-trial detention have remained largely the same, worsening in some respects. Despite the fact that the law is largely (although not completely) satisfactory and compliant with international standards, the way in which it is implemented in practice results in many defendants being remanded in custody when other alternatives are, or should be, available. Grounds for withholding bail rely upon the strength of evidence and likely sentence if the accused is convicted, yet the information supplied to the accused and the court by the police and prosecution, and the time devoted to consideration of that information, is normally wholly insufficient.

This report by Transform Justice provides important further evidence of deficiencies in the processes
by which decisions to remand defendants in custody are made.


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