NCJ Number
141571
Date Published
1992
Length
9 pages
Annotation
In 1991, an average of over 10,000 inmates were awaiting trial or sentence in prisons and police cells in England and Wales, representing 22 percent of the total average prison population of 45,897. Substantial proportions of those being held without bail did not subsequently receive custodial sentences.
Abstract
There are several reasons why, under normal circumstances, these people should be released on bail rather than held in custody. Defendants refused bail may lose their employment, they are held at a disadvantage in preparing their cases for trial, they make heavy demands on Prison Service resources, and they often experience inadequate prison conditions. Despite recent police campaigns to refuse bails to certain types of offenders, the research shows that the vast majority of defendants on bail do not abuse it. The National Association for the Care and Resettlement of Offenders is advocating legislation to reduce unnecessary remands in custody. Their proposal focuses on the issues of sureties and securities, the likelihood of a custodial sentence, homeless defendants, medical remands, remands for the defendant's own protection, committal to the Crown Court, and legal representation. Future research should examine the interpretations which individual magistrates make of the three principal statutory criteria justifying refusal of bail.