A multi-disciplinary and comparative approach to evaluating pre-trial detention decisions: towards evidence-based reform

Dhami, Mandeep K. ORCID logoORCID: https://orcid.org/0000-0001-6157-3142 and van den Brink, Yannick, N. (2022) A multi-disciplinary and comparative approach to evaluating pre-trial detention decisions: towards evidence-based reform. European Journal on Criminal Policy and Research, 28 (3) . pp. 381-395. ISSN 0928-1371 [Article] (doi:10.1007/s10610-022-09510-0)

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Abstract

The decision to remand a defendant into custody pre-trial is one of the most controversial criminal justice decisions because it deprives individuals of their liberty while they are presumed to be innocent of a crime. Indeed, pre-trial detention decisions can have significant consequences for defendants, which need to be balanced against the potential implications of bail for public safety and the course of criminal proceedings. Despite this, court-based bail and remand decision-making remains relatively underexplored. In this paper, we compare court-based bail/remand decision-making in England and Wales and The Netherlands. We focus on (i) the procedure and structure of decision-making; (ii) the substantive relevant legal frameworks; (iii) the courts in which the decisions are made and the decision-makers in those courts; (iv) the conditions characterizing the decision task; and (v) the court’s reasoning of bail and remand in custody decisions. Using a comparative and multi-disciplinary approach, relying on Law, Criminology and Psychology, we make predictions about bail and remand in custody rates in the two jurisdictions as well as the decision performance of court-based decision-makers. These predictions are then evaluated using available (official) statistics and past research. We identify the need to collect more nuanced statistical data on bail and remand in custody rates and point to potentially fruitful avenues for future research. A comparative, multi-disciplinary, evidence-based approach can underpin remand reform in England and Wales, The Netherlands and beyond.

Item Type: Article
Research Areas: A. > School of Science and Technology > Psychology
Item ID: 35019
Notes on copyright: Published version:
© The Author(s) 2022
Open Access This article is licensed under a Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons licence, and indicate if changes were made. The images or other third party material in this article are included in the article's Creative Commons licence, unless indicated otherwise in a credit line to the material. If material is not included in the article's Creative Commons licence and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/.
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Depositing User: Mandeep Dhami
Date Deposited: 28 Apr 2022 16:58
Last Modified: 10 Sep 2022 04:37
URI: https://eprints.mdx.ac.uk/id/eprint/35019

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