The report, ‘Remand decision-making in the magistrates’ courtRemand decision-making in the magistrates’ court’, published last week, said the number of people on remand in custody awaiting trial, rather than released on bail, has risen in recent years. In September 2022, it was at its highest in 50 years.
In March 2023, the remand population stood at 14,591, a 14% increase from last year, and a 45% increase from March 2020.
This increase places strain on existing resources, such as cell capacity and educational provision, as well as putting prisoners on remand at risk of losing employment, accommodation and ties with support systems. Moreover, individuals from Black and racialised backgrounds are disproportionately impacted.
However, JUSTICE’s research using data from 742 hearings uncovered that the processes for determining bail do not appear to be properly followed in the magistrates’ courts. JUSTICE found that decision makers rarely provided reasons for their decisions, despite legislative requirements to do so. There were disparities in outcomes, particularly for non-White defendants, foreign national defendants, defendants appearing via video-link and in a secure dock, and defendants lacking representation.
The report noted that ‘such disparities suggest biased decision-making driven by perceptions of risk, likely exacerbated by a lack of diversity amongst decision makers’. However, the lack of data available means further research will be required to establish the extent of this issue. JUSTICE has called on the government to undertake further research.
Law Society president Nick Emmerson said: ‘It is extremely concerning that the JUSTICE report suggests that the law is not being properly applied.
‘The research demonstrates the importance of defendants being represented from the very start of their case and ensuring they have full knowledge of the potentially life-changing decisions that are taking place.’
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