{"title":"The Practice of Pre-trial Detention in England & Wales - Changing Law and Changing Culture.","authors":"Tom Smith","doi":"10.1007/s10610-022-09504-y","DOIUrl":null,"url":null,"abstract":"<p><p>Pre-trial detention empowers criminal courts to imprison defendants before they have been convicted of an offence. This is a significant power which should be subject to a rigourous decision-making process. A 2016 study of pre-trial detention practice in England and Wales highlighted concerns about such processes, recommending changes to law and practice in that jurisdiction. In 2017, several of these recommendations became law. This article details a follow-up empirical study, conducted in 2020, which sought to examine the impact of these changes on day-to-day pre-trial detention practice in criminal courts. After analysing the data, the article concludes that the changes in fact had minimal impact on practice, and suggests that changing the law does not necessarily translate into a change in the culture of pre-trial detention practice.</p>","PeriodicalId":46991,"journal":{"name":"European Journal on Criminal Policy and Research","volume":"28 3","pages":"435-449"},"PeriodicalIF":1.6000,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8853394/pdf/","citationCount":"3","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Journal on Criminal Policy and Research","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1007/s10610-022-09504-y","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"2022/2/16 0:00:00","PubModel":"Epub","JCR":"Q2","JCRName":"CRIMINOLOGY & PENOLOGY","Score":null,"Total":0}
引用次数: 3
Abstract
Pre-trial detention empowers criminal courts to imprison defendants before they have been convicted of an offence. This is a significant power which should be subject to a rigourous decision-making process. A 2016 study of pre-trial detention practice in England and Wales highlighted concerns about such processes, recommending changes to law and practice in that jurisdiction. In 2017, several of these recommendations became law. This article details a follow-up empirical study, conducted in 2020, which sought to examine the impact of these changes on day-to-day pre-trial detention practice in criminal courts. After analysing the data, the article concludes that the changes in fact had minimal impact on practice, and suggests that changing the law does not necessarily translate into a change in the culture of pre-trial detention practice.
期刊介绍：
The European Journal on Criminal Policy and Research is a peer-reviewed criminology journal, with an international and interdisciplinary focus. It welcomes submissions from Europe and well beyond, from different disciplines and traditions, where crime issues are connected to their socio-, psychological and economic contexts. The focus of its peer-reviewed coverage is on understanding crime trends in different geographical and socio-economic contexts, on presenting innovative crime prevention policies and practices, presenting innovative methodologies, and on following legislative and institutional change. The journal aims to strengthen the link between research and policies in the area of crime and justice, and welcomes submissions with a policy-related component.Discussion includes the trade-off between security and rights and ways to optimize the effectiveness of criminal justice systems with respect to human and civil rights. Recognizing that criminal justice systems are not the only method for dealing with crime, the journal also devotes attention to alternative policies and practices.Its four annual issues include one thematic issue and three that are open to various contributions.
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