Remand
Remand
- Scotland remands into pre-trial custody a disproportionately high number of people in comparison to other jurisdictions. About 25% of the current prison population is made up of people who have not been convicted and are awaiting trial.
- The cessation of court business during the pandemic and the corresponding court backlog has significantly increased the number of people being held on remand and the length of time for which they are being held.
- 57% of people on remand do not go on to be given a prison sentence (the figure is 70% for women). These people are either not found guilty, or receive a non-custodial sentence.
- The impact of imprisonment on those held on remand is as significant as the impact of those imprisoned following conviction. There are negative impacts on physical and mental health; family relationships; employment and housing; and there are also financial repercussions.
- There are alternatives to remand. These include: supervised and supported bail; electronic monitoring; and community-based bail accommodation. Substantial resources should be invested in such alternatives and courts should be made aware of their availability and efficacy.
- Remand should be reserved for offences which are likely to attract a prison sentence on conviction.
- Prisoners held on remand should be provided with structured activities as well as appropriate health and welfare support, so that their time on remand is not wasted. Prisoners released from prolonged periods on remand should be entitled to a discharge grant in the same way as convicted prisoners.