Cargando…
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...
Autor principal: | |
---|---|
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 |
_version_ | 1784653221036294144 |
---|---|
author | Smith, Tom |
author_facet | Smith, Tom |
author_sort | Smith, Tom |
collection | PubMed |
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. |
format | Online Article Text |
id | pubmed-8853394 |
institution | National Center for Biotechnology Information |
language | English |
publishDate | 2022 |
publisher | Springer Netherlands |
record_format | MEDLINE/PubMed |
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 |
work_keys_str_mv | AT smithtom thepracticeofpretrialdetentioninenglandwaleschanginglawandchangingculture AT smithtom practiceofpretrialdetentioninenglandwaleschanginglawandchangingculture |