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The disproportionate use of remand detention (i.e. pre-trial detention) for vulnerable and marginalized youth is an issue of concern globally and demographic disparities in youth remand decision outcomes have been found in many jurisdictions, including England and the Netherlands. This article aims to explore and identify potential catalysts of disparity in the collective process of remand decision-making in youth courts. Drawing from Ulmer’s ‘inhabited institutions’ perspective, and the related ‘court community model’ and ‘focal concerns model’, and empirical findings from research in Dutch and English youth remand courts, this article suggests that several distinctive mechanisms and features of the youth remand decision-making process might function as catalysts of disparity. The findings indicate that the focus on ‘risk’ and ‘welfare needs’, the distinctive context defined by time constraints, limited information, shortages of readily available services, interdependency and interdisciplinary, and high stakes, combined with the profoundly human nature of courtroom workgroup decision-making, make the remand decision-making process in youth courts particularly prone to producing unwarranted disparities. Ultimately, informed by the theoretical perspectives and empirical findings, the article provides insights into how and why disparities might occur in youth remand decisions and offers suggestions for policy, practice and future research.

Before the judgement in De Klerk v Minister of Police 2020 1 SACR 1 (CC), (de Klerk), a plaintiff could claim damages for unlawful arrest and detention after the first appearance in court if the arresting (or the investigating) officer had conducted himself unlawfully in addition to the unlawful arrest. The conduct of the arresting (or investigating) officer had to be such that it influenced the prosecution and/or the court to deny the plaintiff bail. In De Klerk the majority of the Constitutional Court (CC), after assuming that factual causation had been proven, held the Minister of Police (Minister) liable for the unlawful arrest and detention of the plaintiff (including detention after the plaintiff had appeared in court). This was despite the CC’s having found that the conduct of the arresting officer after the appearance of the plaintiff in court had been lawful. The CC held that the arresting officer foresaw that by not releasing the plaintiff, the plaintiff would be remanded in detention – the unlawful conduct. The arresting officer was aware that the practice in the court where the plaintiff appeared was to remand all first appearance cases without considering the accused for release on bail. This note contends that the CC's decision does not bear scrutiny. The flaw in the CC's decision arose from its assumption that factual causation had been proven in this case. This faulty approach flowed from the CC's unconventional application of the "but-for" test. Instead of substituting the defendant's actual conduct for the hypothetical reasonable conduct, the CC held that it was the defendant's conduct per se that had caused the plaintiff harm. On this application of the "but-for" test, an arresting officer is unlikely to escape liability for an unlawful arrest and detention even if his or her conduct ceases to be unlawful at one stage or another. The Minister was held liable for the blameworthy conduct of the arresting officer up to the time of the plaintiff's appearance in court. The arresting officer played no role whatsoever after the appearance of the plaintiff in court. It is therefore absurd to hold that her conduct was the factual cause of the damage the plaintiff suffered. Ordinarily the Minister would not be held liable for detention after the court appearance. There was nothing extraordinary in the De Klerk case warranting the Minister’s being held delictually liable for the post-court-appearance detention. The plaintiff failed to prove that it was the conduct of the arresting officer that caused the plaintiff damage post the court appearance.

One, among many, profound problems found relating prison and remand management in Indonesia is corruption. Not only among warden and inmates but corruption may prevail among inmates. Sometimes, rather sophisticated modes of action found whereas inmates control corruption taken by outside people. This article argues 6 (six) socio-criminological theories which may explain this phenomenon. Such failure regarding why corruption occurs, as uniquely explained by each theories, may result the prolong prison corruption which endangers national resilience.

The implementation of public health measures in response to the covid-19 pandemic has impacted heavily on the operation of child justice systems and places of detention, creating new challenges in the safeguarding and implementation of children’s rights. Yet, it has also been a time of innovation, particularly in the use of technology. Using case studies from Ireland and Aotearoa New Zealand, we discuss how technology has been used to maintain the balance between restrictive yet necessary public health measures and the operation of the child justice system. Examples include remote participation in remand hearings and trial and the use of “virtual visits” for children in detention.

Solitary confinement in prison and police detention has been a widespread criminal policy and human rights problem in the Scandinavian countries for decades. However, in recent years, there has been a significant legal mobilization in Norway whereby lawyers individually and collectively have challenged solitary confinement in the courts. This use of strategic litigation has been directed towards solitary confinement in police custody, remand and during imprisonment. Based on qualitative interviews and documents, we analyze the organizational and legal strategy behind this legal mobilization, along with its effects and preconditions. We find that strategic litigation by lawyers has played an important role in the struggle against solitary confinement in Norway, but that it has benefited from – and played in tandem with – a legal and political opportunity structure consisting of national as well as international actors, processes, and legal frameworks. These findings raise the question of whether lawyers and civil society can contribute in similar ways in the other Scandinavian countries.

Freedom is one of the fundamental rights enshrined in Art. 2(2)(2) of the German Constitution. However, nearly 30,000 remand prisoners were incarcerated in pre-trial detention in Germany in 2017 pending trial. Due to the presumption of innocence, remand prisoners are subjected to a flagrant violation of their constitutional right to freedom. After outlining the legal pre-requisites of pre-trial detention under German law, this article addresses various legal areas of conflict arising from periods of prolonged pre-trial detention by examining a case brought before the Federal Constitutional Court in Germany in 2018. At the same time, the article demonstrates how severely pre-trial detention affects the personal lives of remand prisoners. The longer any such period of pre-trial detention lasts, the more important the question is whether this deprivation of liberty can be justified. Over the past few years, the number of cases involving protracted pre-trial detention has increased dramatically due to overworked courts. By emphasizing that a lack of judicial resources cannot justify lengthy terms of pre-trial detention, this article highlights the importance of the fundamental right to freedom of each and every one of us.

In the United Kingdom, prisoners with mental disorder who require inpatient treatment may be transferred to hospital under mental health legislation. This retrospective service evaluation of 75 pri...

This article discusses findings from an ethnographic study of a bail and remand court in Victoria, Australia. Through a focus on the sensory dimensions of forced movements within and through the bail court, the article contributes to the burgeoning sub-field of sensory criminology and develops the concept of ‘carceral churn’. The article argues that the bail court’s churn reproduces criminal and carceral subjects and is implicated in a project of carceral buildup. The churn of the bail court involves forms of mobility and exchange via the inter- and intra-carceral spaces that variously dull, distort, deprive or assault the senses with oppressive effects. This includes both ‘new’ and ‘old’ penal technologies such as holding cells, the custody dock, AV links and court-prison transport. The analysis of sensory violence challenges the notion that court ‘efficiency’ can improve justice experiences and outcomes and instead calls for increased attention to the harms and lethality that flow from carceral churn left un-checked.

In 2017, the Saskatchewan Government implemented a new early case resolution program whereby weekend remand admissions cases for those remanded to the Saskatoon Correctional Centre were reviewed on Sunday by a Crown Prosecutor and Legal Aid weekend duty counsel. This early case resolution program, the Weekend Project, aimed to improve the number of meaningful first court appearances in Saskatoon on Mondays. The examination of short-term remand admissions and discharges at the Saskatoon Correctional Centre revealed that the average Monday discharge rate for those admitted on the previous Friday, Saturday, and Sunday increased to 31% during the treatment period of January 6 to May 31, 2017, from 18% during the control period of January 8 to May 31, 2016. In comparison, there were no statistically significant changes in the average Monday discharge rate for the Regina Correctional Centre, for which there was no weekend case review program. The results also suggest that up to 73 remand person-days were saved over the 18-weektreatment period in early 2017.

In this article, we take issue with the echr standards on pre-trial detention. These standards are considered panacea for the reported overuse of pre-trial detention in Europe. They focus on the legitimate purposes of detention as safeguards to ensure the principle of ultima ratio. Yet these purposes are heterogeneous as pre-trial detention protects the pending proceedings but also averts risks pertinent to criminal policy. In our analysis we discuss the shortcomings of the echr standards to fully protect from abusive detention. Moreover, we reveal internal inconsistencies with the presumption of innocence. One major example is the use of pre-trial detention to prevent re-offending, which blurs the boundaries between custody on remand and preventive detention. Additionally, we delve deeper into the obligation to use milder measures as part of the echr standards, which remains superficial and vague. Conclusively, we encourage the reflection and re-examination of the echr standards for pre-trial detention, instead of focusing merely on their better enforcement.

The comparative rate of women entering the formal correctional system and serving custodial sentences, both in prison and prison remand awaiting trial, is on the increase. This is accompanied by a similarly increasing number of women eventually exiting prisons annually. This study investigated the challenges influencing reentry of women ex-offenders in Nyeri County, Kenya. The study specifically investigated the effects of not addressing the challenges identified for women returning from prison in Nyeri County especially challenges connected to housing, employment, relationships, drug, and substance abuse as well as mental health after incarceration. This was a qualitative study adopting a phenomenological design. The site and respondents were purposively selected with snowballing being used to select the respondents to the point of saturation. This study made use of 41 women ex-convicts, 3 FGDs, and 9 key informants. Data were collected by use of semi-structured interview schedules. Results indicated that ex-offenders face various challenges upon release from prison. The effects of these challenges when not addressed the impact the individual self, their family, the community, and predisposed the ex-convicts to a high propensity for recidivism. Based on the findings it is suggested that the use of community corrections, adjusting prison training to market needs, and the use of victim-offender mediation can be better alternatives to incarceration.

We currently witness a heightened interest for the humanization of penalization measures, specifically, preventive measures, both in the theory and practice of Russian criminal procedure. There is well-grounded criticism of the fact that the number of remands in custody used as preventive measures is high and that their terms are prolongated many times, and on similar grounds, both in the Russian criminal procedure sphere and in the European Court of Human Rights during the examination of specific complaints. The analyzed statistical information showed that in 2015, remand in custody as a preventive measure in the criminal cases of grave and especially grave crimes was used for every second suspect or accused. It could not but contribute to the development of a system of preventive measures alternative to detention, and to the emergence of its new types. The authors analyze changes in the strict hierarchical system of preventive measures in view of Federal Law № 72-ФЗ enacted on April 18, 2018, which changed the procedure of applying the preventing measures of house arrest and bail and provided a measure that is completely new for Russian criminal process - the prohibition of certain actions. A considerable variety of restrictive measures included in the prohibition of certain actions, and the possibility of applying them in combination with a bail created a situation paradoxical for Russian criminal process when the application of a measure of prohibition of certain actions, that is a milder one in the hierarchy of restrictive actions, may restrict the rights and liberties of a person to a greater degree than a bail, which is a stricter measure. Besides, the legislative definition of the essence of house arrest as complete isolation of a person from the society and the prohibition of certain actions as partial isolation has created a competition between these preventive measures when they are enforced in practice. The authors present convincing arguments to show that it is impossible to ensure complete isolation of a person form the society without placing that person in the pre-trial detention facility, which makes it possible to equal house arrest with a prohibition to leave a dwelling in a certain period within the framework of prohibiting certain actions. Although there are some questions regarding the application of preventive measures alternative to remand in custody, we should commend the efforts of lawmakers to develop a system of these measures, and the practice of their enforcement will certainly allow to eliminate the existing competition and solve specific problems of their selection and application.

The paper analyzes the legal regulation of detention in custody of persons confined on suspicion of committing a crime, as well as of persons in respect of whom a measure of restriction in the form of remand in custody was chosen. The norms of the Federal Law “On detention in custody of suspects and accused of committing crimes”, as well as the Criminal Procedure Code of the Russian Federation relating to these relations are considered. The differences between the two types of custody are investigated: “detention” and “remand in custody”. The author identifies six fundamental criteria underlying the difference between the two types of custody: the grounds for the detention; a person or body authorized to decide on detention in custody; duration of custody; custodial facility; legal status of persons in custody; grounds for release. It is concluded that it is necessary to revise the Federal Law "On detention in custody of suspects and accused of committing crimes", changing its structure on the basis that the law actually regulates two independent processes: taking into custody when detaining a person and detention in custody when choosing a measure of restriction in the form of remand in custody.

International audience; No abstract available

Item does not contain fulltext Imprisonment may pose a risk for unintended effects such as deterioration of psychiatric symptoms. Therefore, it is pivotal to understand the relation between imprisonment and the course of psychiatric symptoms, but previous studies are inconclusive. The current study followed up the psychiatric symptoms of newly admitted remand prisoners to one Dutch remand prison using the Brief Psychiatric Rating Scale (BPRS) and also studied possible related pre-existing variables. On average we found an overall slight - yet clinically marginal - improvement of psychiatric, in particular affective symptoms. One in three prisoners deteriorated and prisoners with psychotic disorders less often deteriorated. Other variables were not related. Overall, psychiatric symptoms remain stable over time during early remand imprisonment independent of most psychiatric disorders. The context in the Dutch prison studied appears to be adequately organized in terms of handling psychiatric stability, but we notice that prison contexts may vary to a large extend. 16 p.

Caribbean prisons face a myriad of challenges, including a high percentage of individuals held in prison for prolonged periods of pretrial incarceration. Close to 40 percent of the prison population in Caribbean countries is made up of pretrial detainees not yet convicted of a crime. Nevertheless, research related to pretrial populations and pretrial processes is often neglected in Caribbean criminological research. Little is known about the characteristics of those who are on remand, their criminal history, and their perspectives on their pretrial justice involvement. In this chapter we provide a detailed and comparative examination of pretrial detention in Barbados, Guyana, Jamaica, Suriname, and Trinidad and Tobago by analyzing self-reported survey data from pretrial detainees. We found that people held in pretrial detention wait, on average, two and a half years for their cases to be resolved; they are exposed to extreme hardship and material deprivations during incarceration; and, for many, pretrial procedures are an anticipated punishment. We end by suggesting opportunities for future inquiry about pretrial justice in the Caribbean.

This article explores the underlying explanations of the high reliance on pre-trial detention of children across contemporary Western societies, with a particular focus on the Netherlands. Empirical research findings are used to identify patterns and functions of pre-trial detention in the administration of youth justice. In addition, two driving forces behind pre-trial detention decision-making are explored after scrutinizing the penological underpinnings of youth justice and youth crime control in Western societies. Ultimately, the article addresses to what extent and how international children’s rights standards can effectively protect child suspects and accused from excessive, unlawful and arbitrary pre-trial detention.

Comparatively little is known about how Canadian prisoners experience and make sense of their lives inside Canadian correctional facilities. Based on 39 qualitative in-depth interviews conducted with remanded women in a Western Canadian remand prison as part of the University of Alberta Prison Project (UAPP), this article serves to describe the five main issues that women in our sample highlighted about their incarceration and how those were shaped by their own backgrounds and life histories: 1) Victimization; 2) Distrust of the police, 3) Parenting while incarcerated; 4) Addictions and mental health; 5) Contextual benefits of prison. The implications of this work for criminal justice practitioners, policymakers, and scholars are discussed. Our findings serve to detail the commonalities between the women in an effort to provide criminal justice and social service actors with contextual background information about their clients. They show that the women lack access to the myriad social and institutional supports that so many people take for granted, including protection from physical and sexual abuse, access to stable housing, addiction support, medical and dental treatment, mental health supports, trauma counselling, and the like.

The emergence of the community based correction method begins with the practice of imprisonment which by many countries tends to be seen as the only type of punishment until the longer the prison conditions become overcrowded and actually have a worse impact on the perpetrators. The need for other alternative crimes to avoid more prison construction eventually gave birth to the CBC concept. In review from the SMS data of the director general of PAS laps in march 2020 the number of prison and remand center residents in indonesia was oververcrowded, with a total of 270,415 while its capacity was only 132,531. this proves that alternative crimes are necessary to reduce the number of prison and remand center residents. Community based correction is an alternative method of non-imprisonment which aims to re-assault the perpetrators into the community, in other words the perpetrators are not jailed but serve their sentences in the community so that the community can participate in the guiding process of convicted persons. The study aims to analyze alternative methods of coping with overcrowded. The method used in this study is descriptive with qualitative method as the primary data for researching. And for secondary data conducted a review of libraries and law no. 12 of 1995 on correctional as additional data. The results and conclusions obtained from this study that several basic principles are needed to implement the open prison operational program.

The article presents a comprehensive study of effectiveness of anti-corruption activities in the penal system as a means of blocking the channels of delivery to correctional institutions, as well as the detention centers of prohibited items. This topic is of some relevance, and also has a sign of scientific novelty due to the lack of detailed development in the scientific literature. Corruption as a negative social phenomenon affects all spheres of society, including the penal system. One of the manifestations of corruption crime in the penitentiary system is the delivery of prohibited items and things to the regime territory by the staff of the correctional institution or the remand prison and their transfer to the convicted, suspects, accused. This direction of corruption crime has a very negative impact on the operational situation in the correctional institution, the detention center and therefore requires the adoption of serious preventive measures. On the basis of the research carried out a number of organizational and legal measures aimed at the suppression of corruption acts on the part of the staff of the penal system associated with the delivery of prohibited items and things on the territory of correctional institutions, as well as detention centers.

Based on the analysis of statistical indicators of Prosecutor's office work on supervision on implementation of laws by administrations of detentions, the main problems prevailing in detention centers and related with application of a preventive measure as a pre-trial detention against suspects and accused of committing crimes are given in the article. The analysis of the activity of the European court of human rights on consideration of Russian citizens claims about violations of the Federal law of 15.07.1995 No. 103-FZ "About incarceration of suspects and accused of committing crimes" is carried out, as well as measures taken by the Russian Federation to eliminate them. The causes of overcrowding in remand centers occurred in Moscow, Moscow region and a number of other regions are analyzed. The author made suggestions to improve current legislation. The article contains recommendations to prosecutors supervising the implementation of laws by administrations of pre-trial detention facilities, as well as the preliminary investigation of criminal cases.

The aim of the paper is to conduct a comparative analysis of regulations regarding compensation for wrongful detention on remand in three continental law states - Germany, France and Poland - in order to identify the similarities and differences between the adopted provisions and critically assess their advantages and disadvantages from the perspective of an optimum model of such compensation. Legal regulations regarding compensation for wrongful preliminary detention are matter of crucial importance, because they not only protect the right to liberty, by making the State accountable for its violations, but also strengthen confidence in criminal justice system. If the state is granted power to do justice and that prerogative is be to accepted by individuals, there has to exist an effective mechanism of compensating damages resulting from defective functioning of courts. The significance of the above-mentioned mechanism is visible especially in situations where the deprivation of liberty occurs before the final judgment is passed. In such cases those who are detained are people protected by the presumption of innocence. Wrongful detention of an innocent person is a particularly serious case, calling for a firm and speedy reaction of the State. Analysis of German, French and Polish regulations concerning compensation for wrongful detention on remand includes their brief history, grounds for claiming compensation, exemptions from state’s liability and analysis of procedure allowing to demand compensation. The comparison between two major Western European jurisdictions (Germany and France) and major Central and East European jurisdiction (Poland) indicates that there are remarkable differences between regulations regarding compensation for wrongful preliminary detention. They concern grounds for compensation, exemptions from state liability and, particularly, the mode of claiming compensation. The differences between analysed legal systems justify a critical analysis of adopted provisions in order to establish which model, using the expression of the European Court of Human Rights, best guarantees that the right to compensation for wrongful detention is practical and effective, not theoretical or illusory.

Background Mental wellbeing among people in prison is poorly studied, despite featuring in many health and justice policies. We aimed to describe for the first time mental wellbeing among an unselected national prison sample. Methods Since 2013, the Scottish Prisoner Survey—a biennial survey of people in custody in Scotland—has included the Warwick-Edinburgh mental wellbeing scale (WEMWBS), a 14-item scale with higher scores indicating greater wellbeing. We analysed data from sweeps in 2013 (n = 3158), 2015 (n = 2892) and 2017 (n = 2405) using Student’s t-test, ANOVA and multiple linear regression. We also used WEMWBS data from the Scottish Health Survey stratified by age, gender and deprivation to compare with the population at liberty. Results Mean WEMWBS scores overall were 43.4 in 2013 (SD = 12.2), 41.8 (SD = 11.9) in 2015 and 41.2 (SD = 12.3) in 2017. Mean scores were lower among people on remand and with multiple prison episodes. Age-standardized mean scores were lower among people in prison than their peers at liberty. Conclusions Poor mental wellbeing is an important, under-studied facet of the extreme health inequalities associated with imprisonment. These results identify that people on remand or with multiple episodes are particularly disadvantaged and provide a baseline for monitoring impacts of service or policy interventions.

In this paper we seek to review the rapid rise in remand in custody rates in Australia. In particular, and in response, we ask and discuss three specific questions: 1. To what extent do defendants applying for bail have vulnerabilities? 2. To what extent can risk analysis tools that seek to predict breach of bail terms be relied upon? 3. To what extent can the emerging pre-trial services programs in Australia reduce remand in custody populations?

Throughout the world, women involved in criminal justice systems often present with substantial needs and vulnerabilities. Diverting vulnerable people away from prison is government policy in England and Wales, but full psychiatric and social assessments are expensive and hard to access. A screening and quick response initiative - alternatives to custodial remand for women (ACRW) - was implemented across three areas of London (West, South and East) to supplement existing court liaison and diversion services, to assess the feasibility of a supplementary custodial remand service as part of a women's specialist service pathway in the criminal justice system in England. Three mental health trusts and two voluntary sector providers offered this service enhancement - a screening and service link provision in three London boroughs between 2012 and 2014. We conducted a service evaluation using routinely collected service use record data. The service made 809 contacts, of whom 104 had contact on multiple occasions. Many were identified as at risk of self-harm (46%) or had histories of hospital admission for mental disorder (36%), but few were referred either to the liaison and diversion service or specialist mental health services. The largest group of referrals was to women's community services outside the health service (e.g. counselling, domestic violence or sexual abuse services). 180 women had dependent children and 22 were pregnant, increasing the urgency to find non-custodial alternatives. As well as confirming high levels of need amongst women entering the criminal justice system, this evaluation confirms the feasibility of working across sectors in this field, providing an extra layer of service that can complement existing liaison and diversion service provision. The service was responsive and most women using it were kept out of custody. Research is now required to understand the appropriateness of the referrals, the extent to which women follow them through and the impact on their mental health and desistance from offending.

Cardiff Prison is a Victorian city centre establishment that opened in 1832. It has the operational capacity for up to 820 adult men (Wales has no women’s prisons) and is a category B local remand prison with training and resettlement functions. There is an on-site healthcare facility, with an outpatient clinic area and inpatient beds. Providing healthcare to an imprisoned population presents unique challenges, especially when managing a stigmatising and potentially life-threatening condition such as epilepsy. Prisoners are four times more likely to have seizures than the general population,1 yet they engage much less with healthcare.2 Mental health difficulties are certainly more common among prisoners,3 including learning disabilities and dissociative (non-epileptic) seizures. Substance misuse and drug addiction are prevalent within secure environments, leading to high levels of addiction, overdose, trading, bullying and manipulative self-harm. Abuse of prescription medications is also very common, especially of pregabalin, gabapentin, benzodiazepines, tramadol and sedating antidepressants, as well as methadone. The monetary street value of a 300 mg pregabalin tablet outside of prison is mostly between £1 and £7,4 but there are no formal price data from prison. Clinicians frequently feel pressured to prescribe these drugs, which can give an opiate-like euphoric high and can enhance the high when used alongside opiates. However, in overdose, they can cause sedation, ventilatory failure and death. A 30 min hospital appointment from prison is costly in time and resources, taking half a day for two escort officers, …

Currently in Canada, there are more legally innocent people in custody in provincial/territorial prisons than there are sentenced prisoners. This group, known as remand prisoners, constituted 37% of the total prison population – federal and provincial/territorial – in Canada in 2015. Despite growing public attention and legal awareness of the remand problem, little is known about the human costs of pre-trial detention. I outline some of these costs to individuals through a discussion of three distinctive dimensions of remand imprisonment: arrest, court appearances, and daily life in custody. Based on interviews with 120 remand prisoners (60 male, 60 female) at four maximum-security provincial prisons in Ontario, I demonstrate that the system imposes many punishments on individuals long before – and often in the absence of – conviction. The consequences of remand custody have implications for our understanding of the nature of punishment before conviction and for contemporary legal debates in Canada on the issue of pre-trial credit.

Changes to Ontario's bail system (2017) are intended to keep accused out of custody and in the community as they await trial. For the Ministry of the Attorney General, living in the community while on bail is a vast improvement to remand because there is minimal state involvement in the lives of accused, resulting in fewer personal and administrative disruptions. Yet, most accused in the province require a surety to be released. Justices of the peace, Crowns, and even defense counsel expect sureties to act like civilian jailers, which questions the level of state intervention at this stage in the legal process. Previous scholarship on bail attributes the overuse of surety releases to a culture of risk aversion whereby the courts offload responsibility and blame for the accused's actions onto the surety. By exploring how court officials describe and determine who an appropriate surety is and the types of powers afforded to them, this paper argues that although sureties are legally obligated to supervise the accused, the court is still heavily involved in defining what this role looks like and how it should unfold outside the courtroom. The qualitative findings provide important insight into how criminally suspect individuals are governed in the province more generally.

This article examines the profile of prisoners who do not take part in formal education while being incarcerated (e.g. language or ICT courses) and the barriers to participation these prisoners experience. Survey data were collected as part of a research project conducted in a remand prison in Belgium (n = 486). The results demonstrate that 29% of the prisoners take part in educational courses and that participation rates are lower among Belgian and non-European prisoners, those with either a very good or very poor understanding of the Dutch language, and those serving a short sentence. Non-participants experience mainly situational barriers (e.g. having recently arrived in prison), but they also express having preferences for other activities (e.g. working), and being confronted with informational (e.g. not being aware of the possibilities for participation), institutional (e.g. receiving no response to a request to enrol in a course) or dispositional barriers (e.g. not feeling like taking classes). Furthermore, this study investigates which individual, social network and prison-related characteristics are associated with the various categories of barriers. The article concludes with a discussion of the limitations of the study and recommendations for future research.

Over 20 percent of prison and jail inmates in the United States are currently awaiting trial, but little is known about the impact of pretrial detention on defendants. This paper uses the detention tendencies of quasi-randomly assigned bail judges to estimate the causal effects of pretrial detention on subsequent defendant outcomes. Using data from administrative court and tax records, we find that pretrial detention significantly increases the probability of conviction, primarily through an increase in guilty pleas. Pretrial detention has no net effect on future crime, but decreases formal sector employment and the receipt of employment- and tax-related government benefits. These results are consistent with (i) pretrial detention weakening defendants' bargaining positions during plea negotiations and (ii) a criminal conviction lowering defendants' prospects in the formal labor market. (JEL J23, J31, J65, K41, K42)

AimsTo investigate whether racial groups are proportionally represented in referrals for trauma, hearing voices, emotional regulation and psychological therapy.To understand the psychological needs across racial groups in HMP Wormwood Scrubs, the UK's 4th-most diverse prison.To see if the long-established under-representation of Asian males and over-representation of Mixed males in psychological services in the community is also occuring in the prison system.MethodPsychological referrals were recieved via the medical notes system (SystmOne), whereby a prisoner's name, age, location, racial group and reason for referral are trasnferred into the psychology referrals database.773 referrals were made between October 2018 and May 2020. As the prison's population throughout this time period was fluid, the month of December 2019 was used as a reference for the general prison poipulation.Racial groups were specified using the Office of National Statistics' 5-category classification system (White, Black, Asian, Mixed and Other).ResultThere is a consistent under-representation of Asian males in psychological referrals in relation to their general prison population. Whilst this group makes up 17% of the population of the prison, only 10% of prisoners referred to psychological services identified as Asian.Those identifying as Mixed are over-represented in trauma referrals and psychological therapy referrals. The prison's mixed population is 7%, whereas 16% of those being referred for these two reasons were from the same racial category.The proportion of patients who identified as Black, White or Other and were referred for psychology input were found to be representitive of the wider prison population, suggesting no clear over or under-representation.ConclusionTrends seen in the community in regards to Asian males being under-represented in psychological services are also evident in one of the UK's most diverse prison populations.Public health campaigning to reduce stigma and promote help seeking in BAME communities is of vital importance to provide the needed support for those silently dealing with psychological problems.The two largest racial groups in the prison, White and Black individuals, where found to be proportionally represented in their respective referrals to psychological services.One key finding was in regards to Mixed race individuals, who comprise 7% of the total prison population but 16% of psychology referrals. As this racial group is one of the fastest-growing in addition to be over-represented in referrals, it is vital to understand how provisions can be put in place to appropriately address the needs of this group.

A deterrence model with comparative static analyses is used to study efficient sentences when trials are not immediate. Depending on relative costs and the disutility of jail and prison, as well as the foresight of potential criminals, efficient credit for presentence incarceration ranges from zero to more than one-for-one. Effects on sentences of those on bail is ambiguous.

Morbidity related to non-suicidal self-injury is highly prevalent in prisoners. Women carry the largest burden yet gender-specific characteristics are not fully understood. A national prisoner survey in England and Wales was examined for risk factors and correlates associated with non-suicidal self-injury during current prison term and gender among prisoners generally, and females more specifically. The large, representative survey produced a stratified sample of 3142 prisoners (1121 male sentenced prisoners, 1250 male remand prisoners and 771 female prisoners). Prevalence of non-suicidal self-injury was 6.6% (5.7% among males and 9.6% among females). Female gender conferred a significantly higher risk (OR 1.77, 95% CI 1.32 – 2.38, p < 0.001). The most prominent variables that appeared important in the relationship between female gender and non-suicidal self-injury were: past sexual abuse, previous suicide attempt, mental health problems in prison, current medication use, unwanted sexual attention...

The politics of police detention in Japan: consensus of convenience, Silvia Croydon, Oxford, Oxford University Press, 2016, 211pp., GBP ?69 (hardback), ISBN: 0198758340The Japanese police detention system - 'daiyo kangoku' (the literal translation meaning 'substitute prison') - has attracted much criticism both domestically and internationally.1 Under Japanese law, a suspect can be detained for up to 23 days without being charged. Croydon explains at the beginning of her book that the length of detention for suspects to be held without charge is 'the longest amongst developed nations - as much as eight times more than is typical'.2The Politics of the Police Detention in Japan: Consensus of Convenience provides an authoritative account of how the Japanese pre-charge detention system has been legitimised. It does so by looking historically from the post-war occupation of Japan under Allied Forces to the expansion of the use of pre-charge detention by the National Police Agency. The book also draws on extensive interviews with past Ministers of Justice and other politicians, the Ministry of Justice officials, the National Police Agency officials, judges, prosecutors, lawyers and civil society representatives. Croydon uses these interviews effectively to illuminate the complex politics behind the pre-charge detention system. To my knowledge, The Politics of the Police Detention in Japan: Consensus of Convenience is the first historical and empirical investigation into how Japan's pre-charge detention developed and grew, and why it has managed to resist reforms to offer more protection for suspects.Croydon starts, in Chapter One, by highlighting the problems associated with the system. She quotes official figures from 2010 illustrating that suspects are held on average just over 26 days before they are released or charged. Going beyond the 23-day detention period is permissible because the rule is applicable per charge. Therefore if a suspect is charged for multiple crimes, the length of detention without charge is 'potentially indefinite'.3 Criticism also extends to other areas of pre-charge detention. Court-appointed lawyers are only available for suspects likely to be charged with serious crimes punishable by death or imprisonment of three years or more. Even for suspects detained for such serious crimes, however, lawyers cannot be present during the first three days of detention. There is no legal requirement for interrogations to be fully recorded, and pre-indictment police bail is also not available.If these conditions are not convincing enough to conclude that the Japanese pre-charge detention model is typical of what Herbert Packer called the 'crime-control model', as opposed to a 'due process model',4 the following information may persuade the reader otherwise. The majority of suspects (98 per cent) are held in police cells under the full responsibility of the National Police Agency, rather than in official detention centres under the Ministry of Justice.5 This means the police are in total control of the suspects even when they are not being interrogated from when they are given meals to when they go to sleep. The long period of detention under police control, with limited procedural safeguards, has been described as a 'confession-extraction system'6 often associated with wrongful convictions. Confessions play a significant role in Japanese criminal trials. Defendants confess to crimes in more than 90 per cent of cases, and Japan's 99 per cent conviction rate is one of the most infamous features of its justice system. Criminal justice professionals may take the view that the extremely high conviction rate is the result of the tenacious - and long - investigations by the police, coupled with prosecution's careful selection of cases actually going to court (40 per cent of cases).Scholars7 on the other hand have taken a critical stance against the Japanese pre-charge detention system. Croydon8 in her book takes a different approach - or perhaps makes a political decision - and limits herself to the claim that there is an 'increased potential for abuse'. …

The purpose of this article is to link the assessment of the key evidentiary elements, which are demostrative o the existence of the so called periculum in mora into the complex meaning of circumstantial evidence. If prison on remand is adopted by the judge on the basis of a presumption, which builds on circunstancial evidence, that decision reveals the cautionary risks that justify it, so there is not arguments for not aplying the elements of that kind of evidence to judicial reasoning.

This chapter examines issues surrounding the pretrial and civil detention of “dangerous” individuals in common law jurisdictions. It first provides an overview of justifications for pretrial and civil detention schemes governing “dangerous” individuals as well as “pre-crime,” “pre-trial,” “post-crime,” and “post-sentence” schemes including risk assessment. In particular, it considers the pre-charge detention of suspected terrorists, civil detention of those with severe mental health problems and/or intellectual disabilities, remand and bail, unfitness to plead, and indefinite detention of recidivist offenders and of those found not guilty by reason of mental impairment. The chapter concludes with an analysis of criticisms of pretrial and civil detention schemes based on the grounds of human rights, due process, and the principle of proportionality.

This chapter focuses on institutional space, a domain with which nearly all runaways come into contact at some point. It examines the thin boundary between the charitable and the carceral embodied in the institutions that both aid and confine runaway children. It unpacks this thin boundary both synchronically, by instantiating contemporary nongovernmental organizations' constructions of “reform” and “rehabilitation” and considering their complicity with campaigns of urban cleansing and with structures of policing and confinement; and historically, by excavating with archival research continuities between extant and antecedent charities for “vagabond children” and the colonial reformatory itself, particularly as it was applied to the children of societies that were constructed as criminal-by-birth.

Around 3.3 million people worldwide are in pretrial detention, and 14 million people are held in such detention per year. Despite the high numbers, remand imprisonment has received little attention in penal theories. Over the past couple of decades, Turkey has constructed high-security remand prisons for young pretrial detainees, indicating a transition towards securitization in the form of remand imprisonment. In these prisons, the element of ‘space’ and spatial control has taken precedence, while ‘labour/discipline’ and ‘time’ have lost significance, reflecting the securitization process. Research conducted in juvenile courts and prisons in 2014–2015 demonstrates how marginalized youth end up in remand prisons that have become social control facilities. Remand imprisonment is interpreted as a crime control and deterrence mechanism by both the prisoners and legal practitioners, and attains roles in crime control that correspond to the residual welfare regime.

Purpose The purpose of this paper is to assess the impact of short-term incarceration on antiretroviral therapy (ART) adherence, virologic suppression, and engagement and retention in community care post-release. Design/methodology/approach A retrospective chart review of patients who attended the human immunodeficiency virus (HIV) Outreach Clinic at a Canadian remand center between September 2007 and December 2011 was carried out. Data extraction included CD4 lymphocyte count, HIV viral load, ART prescription refills, and community engagement and retention during and one-year pre- and post-incarceration. Findings Outpatient engagement increased by 23 percent (p=0.01), as did ART adherence (55.2-70.7 percent, p=0.01), following incarceration. Retention into community care did not significantly improve following incarceration (22.4 percent pre-incarceration to 25.9 percent post-release, p=0.8). There was a trend toward improved virologic suppression (less than 40 copies/ml; 50-77.8 percent (p=0.08)) during incarceration and 70. 4 percent sustained this one-year post-incarceration (p=0.70). Originality/value The impact of short-term incarceration in a Canadian context of universal health coverage has not been previously reported and could have significant implications in optimizing HIV patient outcomes given the large number of HIV-positive patients cycling through short-term remand centers.

The prison population in most jurisdictions is escalating. As many prisoners are also parents, more children will inevitably be affected by the experience of having a parent incarcerated. Police and the lower courts are the gatekeepers of the criminal justice system and make urgent and vital decisions about arrest, remand and sentencing which have critical consequences for the children of those arrested, remanded and sentenced. To better understand how these children are responded to by this adult system, this paper draws on data collected from a purposive sample (N = 16) of Victorian magistrates, legal representatives and police, as part of a broader ARC funded study. Findings indicate that the consideration of these children by police and magistrates is largely ad hoc and depends on good will and the exercise of discretion. The balancing of justice issues and the interests of children is also complex and currently under-researched and under-informed. The authors argue that until the agencies dealing with adults incorporate child-focused practices, children, who have a primary carer in prison, will continue to be disadvantaged by a system which considers them only as collateral damage in the exercise of justice.

Purpose – While research often elaborates on outcomes of youth remand more broadly, the specific impact that remand has on indigenous young people can be overlooked, particularly in Australia. The paper aims to discuss these issues. Design/methodology/approach – This paper analyses interview data gathered from eight individual service providers from six community youth organisations in a city in Queensland, Australia. Findings – Participants reported the specific effects of remand for indigenous young people and their families, noting especially the negative impact on the young people’s emotional, social and psychological development. Originality/value – Results strongly suggest there is a blurring of the welfare and justice systems inherent within remand processes with indigenous young people, with remand employed so frequently that it has itself become a form of social support.