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The Practice of Pre-trial Detention in England & Wales - Changing Law and Changing Culture

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...

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Autor principal: Smith, Tom
Formato: Online Artículo Texto
Lenguaje:English
Publicado: Springer Netherlands 2022
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8853394/
https://www.ncbi.nlm.nih.gov/pubmed/35194326
http://dx.doi.org/10.1007/s10610-022-09504-y
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author Smith, Tom
author_facet Smith, Tom
author_sort Smith, Tom
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description 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.
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spelling pubmed-88533942022-02-18 The Practice of Pre-trial Detention in England & Wales - Changing Law and Changing Culture Smith, Tom Eur J Crim Pol Res Article 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. Springer Netherlands 2022-02-16 2022 /pmc/articles/PMC8853394/ /pubmed/35194326 http://dx.doi.org/10.1007/s10610-022-09504-y Text en © The Author(s) 2022 https://creativecommons.org/licenses/by/4.0/Open AccessThis 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/ (https://creativecommons.org/licenses/by/4.0/) .
spellingShingle Article
Smith, Tom
The Practice of Pre-trial Detention in England & Wales - Changing Law and Changing Culture
title The Practice of Pre-trial Detention in England & Wales - Changing Law and Changing Culture
title_full The Practice of Pre-trial Detention in England & Wales - Changing Law and Changing Culture
title_fullStr The Practice of Pre-trial Detention in England & Wales - Changing Law and Changing Culture
title_full_unstemmed The Practice of Pre-trial Detention in England & Wales - Changing Law and Changing Culture
title_short The Practice of Pre-trial Detention in England & Wales - Changing Law and Changing Culture
title_sort practice of pre-trial detention in england & wales - changing law and changing culture
topic Article
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8853394/
https://www.ncbi.nlm.nih.gov/pubmed/35194326
http://dx.doi.org/10.1007/s10610-022-09504-y
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