header-logo header-logo

Cases backlog fuels remand crisis

18 January 2023
Issue: 8009 / Categories: Legal News , Criminal
printer mail-detail
Some 770 defendants have been incarcerated for more than two years awaiting trial, as the justice system buckles under the pressure of ever-increasing numbers of prisoners on remand.

In a report published last week, the Justice Committee warned the number of prisoners on remand is at its highest in 50 years. Moreover, the prisoners are being held for longer periods of time, often beyond the statutory six-month limit. Those found not guilty at trial are not entitled to any support on release.

The committee said the backlog of cases in the courts is a major factor, but identified other factors too, including the lack of community provision for homelessness, mental illness and drug abuse. Another reason is that custodial remand is increasingly used for non-violent offences—female defendants are often held on remand despite posing a low risk to the community and for crimes that do not carry a custodial sentence.

The Justice Committee called for an independent review into the application of the Bail Act 1976, and of the legal framework for custody time limits. Moreover, greater use of alternatives such as conditional bail and electronic tagging would ease the burden, it said.

The committee called for remand prisoners to be given the same access to mental health services, drug treatment, education, training, discharge grant and support on release as the rest of the prison population.

Sir Bob Neill, chair of the Justice Committee, said custodial remand was ‘too often’ being used ‘as an easy option in cases of low-level repeat offending or social problems with little thought for the lasting consequences this can have on the individual’.

Law Society president Lubna Shuja said: ‘We echo the committee’s concerns.

‘Solicitors repeatedly tell us about the difficulty of seeing clients in custody and there is a real danger of people not getting proper access to justice.’

Issue: 8009 / Categories: Legal News , Criminal
printer mail-details

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll