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PRISON FACTS Previous Fact 23 Next Fact One third of all women in prison had no previous convictions - more than double that for men
why prison reform?

Children: Innocent until proven guilty?

In this report the Prison Reform Trust examines why remand is being over-used for under-18 year olds in England and Wales and suggests practical ways in which the numbers can be reduced. www.prisonreformtrust.org.uk photograph

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Lacking conviction: The rise of the women's remand population

This report presents clear evidence that some of our most vulnerable and socially excluded women are being failed by a range of agencies. It sets out an agenda for changes in policy and practice within and outside the criminal justice system. www.prisonreformtrust.org.uk photograph

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Remand: innocent until proven guilty?
In 2008, 57,417 people were remanded into custody to await trial. In the same year 44,773 people were remanded into prison convicted but awaiting sentence. The remand population in prisons in England and Wales at the end of June 2009 was 13,456. 839 of these people were women - 20% of the female prison population.
Who is held on remand?

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 trial.

- They 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.

Key facts:

- The average waiting time for those remanded into custody awaiting cases committed for trial at the crown court was 13 weeks. This is up from 10 weeks in 2001
- People on remand can be locked in their cells for up to 22 hours a day, with no regular access to showers and with just 30 minutes exercise

- They often have limited access to legal information to prepare for their trial

- More than 25% of men and 40% of women on remand have attempted suicide at some stage of their life

- Remand prisoners, 16% of the population, accounted for 43% of self-inflicted deaths in 2008

- One in four men and half of all women on remand receive no visits from their family

- In 2007, 11,400 people remanded into custody (21%) were subsequently acquitted. 30% went on to receive a non-custodial sentence

- Three quarters of under-18 year olds locked up on remand by magistrates or district judges are either acquitted or given a community sentence

- An acquitted defendant is not automatically entitled to compensation, and it has been the exception rather than the rule for any compensation to be payable.

A tragic young death

Twenty year old John (not his real name) had been in a young offenders remand centre for just over a week. He had been moved from an adult prison where he had been held for two months on remand.

John had been accused of a string of motoring offences. But he had been remanded into custody awaiting trial because he was considered a possible danger to the community. This was because when officers had arrived at his family home to arrest him, he had held them off for thirty hours in a siege involving the police firearms unit, following a report that he might have a gun.

"In July an inquest jury returned a verdict that John killed himself when the balance of his mind was disturbed. His family say they cannot understand why he was taken off suicide watch. They want more answers and are considering suing the Prison Service."   

It was mid-morning in January and John found himself alone in his shared cell in the young offenders remand centre, he was very unsettled. His cellmate was attending a physical education course.

He was feeling particularly desperate and depressed. Some time later that morning he was found hanging suspended from the cell window by a bed sheet.

When John first arrived at the young offenders remand centre he was very unsettled. He had a history of depression and in the past had taken two overdoses. He complained about the staff and was placed in the hospital wing under CCTV observation.

After a peaceful first night he was placed on a normal wing but was under regular observation. A week later he was taken off suicide watch. Twenty four hours later he was dead.

In July an inquest jury returned a verdict that John killed himself when the balance of his mind was disturbed. His family say they cannot understand why he was taken off suicide watch. They want more answers and are considering suing the Prison Service.

Abby's story

Abby (not her real name) was 34 years old when she was charged with armed robbery and remanded into custody. She had not been in custody previously and had been in employment until a year previously when she was signed off sick with an eating disorder. She had a four year old child who lived with her, and was three months pregnant.

Abby had been using heroin but at the point of arrest was on a prescribed methadone programme. At her first appearance bail was refused on the grounds that she may fail to surrender and may commit further offences, despite her address being verified and surety offered. The second application was refused on the same grounds. The third application for bail was heard by a High Court Judge who again refused bail but said that bail would be considered if a hostel placement was found.

Abby became very distraught and emotionally disturbed due to her imprisonment. There had been no clear evidence to suggest that she would fail to surrender or commit further offences. On the fourth application, again to a High Court judge, she was bailed to hostel accommodation having spent a month in custody.

Downloads
Bromley Briefings prison factfile November 2009
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