Police Pre-Charge Bail Reform

5 Mar 2025 | Committee report linked

The remand population is at its highest number for 50 years, and the length of time some defendants on remand wait for their cases to be heard is disrupting their lives and their families’ lives, and adding to prison overcrowding. The remand population has increased sharply in recent years, reaching 17,600 in September 2024 (20% of the prison population), the highest level in 50 years, up from 9,602 in 2019 (11% of the prison population). It is unacceptable that some people are held on remand...

The remand population is at its highest number for 50 years, and the length of time some defendants on remand wait for their cases to be heard is disrupting their lives and their families’ lives, and adding to prison overcrowding. …

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5 Mar 2025 | Committee report linked

The remand population has grown sharply in recent years. The number of people on remand in September 2024 was 17,600, 20% of the prison population, the highest level in 50 years, up from 9,602 (11% of the prison population) in 2019.35 HMCTS was unable to provide up–to–date information on the number of people on remand beyond their custody time limits, with HMCTS saying current data on this was “not fantastic”.36 The NAO report found that as of 30 September 2022, 32% of the remand population h...

The remand population has grown sharply in recent years. The number of people on remand in September 2024 was 17,600, 20% of the prison population, the highest level in 50 years, up from 9,602 (11% of the prison population) in …

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5 Mar 2025 | Committee report linked

Despite these assurances, we concur with a request from the Law Society of England and Wales in its written submission to us for confirmation from MoJ that other data and statistics across the criminal and civil courts are not similarly affected.87 Exemplifying this point, in correspondence to us after the evidence session, HMCTS set out how MoJ’s data relating to the remand population are not accurate enough for MoJ to draw insights from.88

Despite these assurances, we concur with a request from the Law Society of England and Wales in its written submission to us for confirmation from MoJ that other data and statistics across the criminal and civil courts are not similarly …

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5 Mar 2025 | Written evidence linked

Written evidence submitted by His Majesty’s Inspectorate of Prisons stated that the length of time that people are remanded for and the extent to which this is changing is information that is not in the public domain. The Inspectorate’s evidence also explained that “the increasing average length of time an individual is spending remanded in custody means that many require additional support. This group are at greater risk of losing their accommodation, employment and custody of their children...

Written evidence submitted by His Majesty’s Inspectorate of Prisons stated that the length of time that people are remanded for and the extent to which this is changing is information that is not in the public domain. The Inspectorate’s evidence …

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5 Mar 2025 | Written evidence linked

MoJ told us that there is a direct correlation between the number of cases in the backlog and the size of the remand population awaiting trial, and that this is adding to prison capacity pressures and making it harder to manage the prison population.41 The written evidence submitted by His Majesty’s Inspectorate of Prisons also notes that some people awaiting sentencing are spending so long on remand that upon sentencing they are released from court having already served the length of their s...

MoJ told us that there is a direct correlation between the number of cases in the backlog and the size of the remand population awaiting trial, and that this is adding to prison capacity pressures and making it harder to …

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10 Nov 2023 | Committee report linked

Broadening police powers to charge without recourse to the CPS is not the solution to case backlogs in the courts.

Broadening police powers to charge without recourse to the CPS is not the solution to case backlogs in the courts. Type: conclusion | Number: 89 | Paragraph: 225 | Response status: not_addressed

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17 Jan 2023 | Committee report linked

We are concerned by the increasing size of the remand population, and in particular by evidence of the increasing length of time people are spending in custody on remand. Efforts need to be focused on reducing this population and bringing forward the hearing dates of trials. A significant proportion of defendants held on remand will be found not guilty, and so it is vital that they are not deprived of their liberty for long periods of time. For those found guilty and given a custodial sentenc...

We are concerned by the increasing size of the remand population, and in particular by evidence of the increasing length of time people are spending in custody on remand. Efforts need to be focused on reducing this population and bringing …

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17 Jan 2023 | Committee report linked

The large number of people being remanded for non-violent offences suggests that many are being remanded due to repeat offending. This repeat non-violent offending is often symptomatic of underlying vulnerabilities, such as drug abuse, homelessness and mental ill-health, for which there is currently a lack of community provision. We believe that there should be more co-ordinated investment across departments including the Department of Health and Social Care and the Department for Education i...

The large number of people being remanded for non-violent offences suggests that many are being remanded due to repeat offending. This repeat non-violent offending is often symptomatic of underlying vulnerabilities, such as drug abuse, homelessness and mental ill-health, for which …

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17 Jan 2023 | Committee report linked

We recognise that the pandemic led to delays in court hearings which have contributed to a growing remand population. However, it is important to stress that the remand population has been growing despite a decrease in the number of cases entering the Crown Court, and we are concerned that the impact of higher police numbers and a return to pre-pandemic case levels may lead to further increases in the remand population. In view of the risk of case levels increasing, we recommend that the Gove...

We recognise that the pandemic led to delays in court hearings which have contributed to a growing remand population. However, it is important to stress that the remand population has been growing despite a decrease in the number of cases …

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17 Jan 2023 | Committee report linked

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. (Paragr...

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 …

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17 Jan 2023 | Committee report linked

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.

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. …

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17 Jan 2023 | Committee report linked

Magistrates are responsible for hearing the majority of cases that lead to remanding to custody, and we heard that, particularly during the pandemic, the focus of training was on new ways of working and the use of technology. The application of the remand principles and the latest available alternatives to remand should be a focus in magisterial training.

Magistrates are responsible for hearing the majority of cases that lead to remanding to custody, and we heard that, particularly during the pandemic, the focus of training was on new ways of working and the use of technology. The application …

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17 Jan 2023 | Committee report linked

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

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 …

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17 Jan 2023 | Committee report linked

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 ensu...

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 …

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17 Jan 2023 | Committee report linked

Those convicted but awaiting sentencing are not subject to custody time limits. It is, therefore, all the more important that the Government devotes sufficient resources to reduce delays to sentencing post-conviction. For example, the Government should ensure resources are available for the timely delivery of pre-sentence reports and sufficient judicial capacity to enable judges to sentence defendants as soon as they are able. The Government should also examine the reasons for the increase in...

Those convicted but awaiting sentencing are not subject to custody time limits. It is, therefore, all the more important that the Government devotes sufficient resources to reduce delays to sentencing post-conviction. For example, the Government should ensure resources are available …

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17 Jan 2023 | Committee report linked

We welcome the draft Mental Health Bill 2022 which legislates for the removal of using prisons as a place of safety for those with mental health difficulties. However, we call on the Government to go further, removing the provision in the Bail Act 1976 for remanding people into custody for their own protection in all situations, and providing adequate provision in the community for those people who would have been remanded to custody solely for their own protection.

We welcome the draft Mental Health Bill 2022 which legislates for the removal of using prisons as a place of safety for those with mental health difficulties. However, we call on the Government to go further, removing the provision in …

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17 Jan 2023 | Committee report linked

There is clearly a need for greater support to help those on remand while in prison. Due to the average length of time defendants now spend on remand, they are more likely to lose their accommodation, employment, and custody of children, and if found guilty they are increasingly likely to be released on time served without having received the release date required to access some vital services. Support services for those remanded into custody need to be in place to help manage this. HMPPS sho...

There is clearly a need for greater support to help those on remand while in prison. Due to the average length of time defendants now spend on remand, they are more likely to lose their accommodation, employment, and custody of …

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17 Jan 2023 | Committee report linked

Although we recognise that those held on remand are under no obligation to engage with prison regimes, they should be encouraged to take part in meaningful activities and HMPPS needs to ensure that prisons with high remand populations have opportunities available for those held in them to utilise if they so desire. We welcome the increasing availability of shorter courses for those not anticipated to be in prison for long periods of time to take part in, and recommend that the Ministry of Jus...

Although we recognise that those held on remand are under no obligation to engage with prison regimes, they should be encouraged to take part in meaningful activities and HMPPS needs to ensure that prisons with high remand populations have opportunities …

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17 Jan 2023 | Committee report linked

We are concerned by the high number of women placed on remand despite the often low risk that they pose to the public and the fact that many will not go on to receive a custodial sentence. The Ministry of Justice has acknowledged this is a problem, but more action needs to be taken to ensure that low-risk women receive the support The role of adult custodial remand in the criminal justice system 45 they need to await trial in the community rather than remanding them to custody, particularly i...

We are concerned by the high number of women placed on remand despite the often low risk that they pose to the public and the fact that many will not go on to receive a custodial sentence. The Ministry of …

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17 Jan 2023 | Committee report linked

We were disappointed to hear that resettlement support is not routinely available to those held on remand due to this category of prisoners being excluded from contracts agreed with providers as part of the reunification of the probation service. Those held on remand have a similar need for resettlement support as the sentenced population and it is concerning that this support is not being provided simply due to contractual issues. We agree with the Minister that it is not acceptable that, in...

We were disappointed to hear that resettlement support is not routinely available to those held on remand due to this category of prisoners being excluded from contracts agreed with providers as part of the reunification of the probation service. Those …

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17 Jan 2023 | Committee report linked

It is simply wrong that those who are remanded to custody, potentially for long periods of time, and are then acquitted, have no entitlement to resettlement support. Although they may not fall technically within the responsibility of probation services, the Government must nevertheless find a way to ensure acquitted individuals are supported to return to the community in a way that is at least equivalent to those who are released having served a custodial sentence. As a minimum, they should b...

It is simply wrong that those who are remanded to custody, potentially for long periods of time, and are then acquitted, have no entitlement to resettlement support. Although they may not fall technically within the responsibility of probation services, the …

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17 Jan 2023 | Committee report linked

Conditional bail is a good alternative to remanding defendants to custody while also placing restrictions on the activity of an individual to help ensure they do not commit further crimes while on bail or abscond before their trial. However, there is no point applying bail conditions that are so onerous that it unrealistic that a defendant will be able to comply with them. We were struck by the lack of guidance on the use of bail conditions. When sentencing, judges and magistrates must apply ...

Conditional bail is a good alternative to remanding defendants to custody while also placing restrictions on the activity of an individual to help ensure they do not commit further crimes while on bail or abscond before their trial. However, there …

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17 Jan 2023 | Committee report linked

The Community Accommodation Service Tier-2 plays an important role in supporting the courts and prisons in making the best use of custody by providing an address for people on bail or licence who have no suitable accommodation. The Ministry of Justice should conduct an assessment of whether the 550 beds currently contracted through the Service is sufficient to meet the requirements of its core user groups, including the extent to which the absence of available accommodation may be an underlyi...

The Community Accommodation Service Tier-2 plays an important role in supporting the courts and prisons in making the best use of custody by providing an address for people on bail or licence who have no suitable accommodation. The Ministry of …

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17 Jan 2023 | Committee report linked

It is only on the basis of good quality data in respect of the use of custodial remand that there can be effective policy-making. More data needs to be collected and published on remanded defendants, particularly in relation to the reasons for refusing bail, the length of time people are spending on remand as well as demographic information, including vulnerabilities and protected characteristics amongst the remand population, to increase transparency and improve the information available to ...

It is only on the basis of good quality data in respect of the use of custodial remand that there can be effective policy-making. More data needs to be collected and published on remanded defendants, particularly in relation to the …

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26 Jul 2022 | Committee report linked

We note from the Government’s response to our ‘Mental health in prison’ Report that it is conducting a review into the use of powers to remand an individual to 78 Women in Prison custody for their own protection under the Bail Act 1976. The Ministry of Justice should set out what the scope is for the review, and the timeframe for its completion and publication.

We note from the Government’s response to our ‘Mental health in prison’ Report that it is conducting a review into the use of powers to remand an individual to 78 Women in Prison custody for their own protection under the …

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29 Sep 2021 | Committee report linked

The Courts use the provisions in the Bail Act 1976 to remand people to prison for their own protection or welfare only because proper alternatives in the community are not available. We are concerned about the lack of safeguards under this provision, the length of time men, women and children may be remanded, and the unsuitability of prison for them. The use of prisons in this way is wrong in principle. (Paragraph 103) Mental health in prison 31

The Courts use the provisions in the Bail Act 1976 to remand people to prison for their own protection or welfare only because proper alternatives in the community are not available. We are concerned about the lack of safeguards under …

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12 Nov 2020 | Committee report linked

BAME children are disproportionately remanded to custody and some of the children remanded to custody, will not then go on to receive a custodial sentence. The Youth Justice Board should update the Committee on the findings of their commissioned research. We agree with Transform Justice, that the disproportionate use of remand has not satisfactorily been explained, and we recommend that the Ministry of Justice provide an explanation of why the levels of BAME children being remanded to custody...

BAME children are disproportionately remanded to custody and some of the children remanded to custody, will not then go on to receive a custodial sentence. The Youth Justice Board should update the Committee on the findings of their commissioned research. …

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12 Nov 2020 | Committee report linked

We note that the number of children on remand is high and that two thirds of children given a remand to youth detention accommodation did not subsequently receive a custodial sentence. Multiple factors appear to contribute to these numbers: an increase in serious violence; lack of credible community alternatives; and limited amount of time available to put together an alternative bail package may all be contributing factors. We welcome the MOJ’s current review of youth remand, but request mor...

We note that the number of children on remand is high and that two thirds of children given a remand to youth detention accommodation did not subsequently receive a custodial sentence. Multiple factors appear to contribute to these numbers: an …

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2 Oct 2020 | Committee report linked

We agree that every defendant who is privately prosecuted should be informed of his or her right to seek a review from the CPS. We recommend that this change be implemented by a change to the Criminal Procedure Rules. In situations where the police are involved in a private prosecution and the role of the magistrate is circumvented (which was drawn to our attention by the Criminal Law Reform Now Network) it will be especially important that the defendant is notified of his or her right to req...

We agree that every defendant who is privately prosecuted should be informed of his or her right to seek a review from the CPS. We recommend that this change be implemented by a change to the Criminal Procedure Rules. In …

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27 Jul 2020 | Committee report linked

We recommend, however, that the Government investigate the reasons behind the relatively high level of remand into custody and explain the reasons behind that, particularly given the pressures on the custodial estate during the coronavirus outbreak.

We recommend, however, that the Government investigate the reasons behind the relatively high level of remand into custody and explain the reasons behind that, particularly given the pressures on the custodial estate during the coronavirus outbreak. Type: recommendation | Number: …

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4 Mar 2020 | Committee report Home Office linked

Letter to the Chair from the Home Secretary on the launch of a public consultation on pre-charge bail dated 5 February 2020

Direction: from_committee

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5 Nov 2019 | Committee report Home Office linked

Letter from the Home Secretary relating to review of pre-charge bail legislation, dated 5 November 2019

Direction: to_committee

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