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Who is held on remand?

The remand prison population is made up mainly of people awaiting trial but it also includes those who have been convicted but are awaiting sentence.

Reflecting the fundamental principle that an individual is considered innocent until proven guilty, the Bail Act 1976 asserts a presumption in favour of bail for all people awaiting trial except those on charges of murder, attempted murder, manslaughter, rape or attempted rape. The legislation presumes that an individual will be remanded on bail with various conditions attached unless there are strong reasons to remand them into custody. These include:

They have been accused of carrying out a particularly serious offence

They have previous convictions for similar offences

There are reasons to believe that they could disappear before their trialThey have been accused of carrying out a particularly serious offence

There are reasons to believe that they may interfere with witnesses

They is a belief they are likely to commit further offences before their trial

The use of custodial remand can also reflect the failure to abide by the terms of previous community sentences


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If a person is granted bail there will be a number of different conditions attached, which if breached, often result in imprisonment. These can include a range of requirements such as reporting to a local police station at regular intervals, attendance on a drug treatment programme or staying away from a particular area or location.



Who is remanded into custody?

The majority (93 per cent) of remand prisoners are men.

Although women make up a small minority of all remand prisoners, they represent almost a quarter (23 per cent) of the current female prison population and make up the majority (61 per cent) of women who enter prison in a year.

Eight out of ten people received into prison on remand are charged with a non- violent offence.

In 2001 the largest proportion, 27 per cent, were remanded into custody for theft and handling of stolen goods. This suggests that remand is often used unnecessarily.

The average age of a remand prisoner is 27. More than one in five are under 21. Around five per cent are between 15 and 17 years old.

A significant proportion of those held on remand have been in prison before. A study carried out by NACRO found that 65 per cent of respondents had been remanded into custody before.

Number of people received into prison on remand in 2001

Offence group

Total

Violence against the person

  11,946

Sexual offences

    2,248

Burglary

  11,760

Robbery

    4,439

Theft and Handling

  22,037

Fraud and Forgery

    1,775

Drug offences

    7,265

Other

  18,022

Not recorded

    3,167

Total

  82,688

(N.B. Total receptions cannot be calculated by adding together receptions in each category, because there is double counting)
(Source: Home Office Prison Statistics England and Wales 2001)


Remand Population by Offence Type March 2003

Offence group

Total

Violence against the person

  2,516

Sexual offences

     531

Burglary

  1,781

Robbery

  1,280

Theft and Handling

  1,776

Fraud and Forgery

     275

Drug offences

  1,751

Motoring offences

     370

Other

  1,545

Not recorded

  1,083

Total

12,908

(Source: Home Office, March 2003 Prison Population Briefing)

The Reform Remand campaign organised by the Prison Reform Trust, is calling for:

  • An improvement in the treatment of, and conditions for, people held in prison awaiting trial

  • A reduction in the needless use of custodial remand

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