Government urged to end harmful imprisonment

A coalition of 42 experts and civil society organisations has urged the Deputy Prime Minister to abolish the courts’ power to imprison vulnerable individuals, including children, for their own welfare while they await trial. This controversial power allows courts to detain individuals who are presumed innocent, even if the alleged crime does not carry a prison sentence. Signatories of a joint letter highlight that this practice is not only ineffective but also detrimental, exacerbating problems such as addiction, homelessness, and mental health crises. They note that "prisons are not places of care" and that such environments are ill-equipped to deal with the underlying social issues causing vulnerability.

Research has shown that prisons tend to worsen these vulnerabilities, with numerous reviews expressing concern over their impact, particularly on women and girls. “The Justice Committee has repeatedly called for the removal of the provision allowing remand ‘for own protection’,” says Sir Bob Neill KC, former Chair of the Justice Committee. He added, “This practice not only risks causing serious harm, but also reflects a failure to provide adequate care in the community.” Fiona Rutherford, Chief Executive of JUSTICE, also voiced her concerns, insisting that “removing people - who have not been convicted and otherwise pose no public risk - is harmful, not protective.”

The letter argues that modifying the Sentencing Bill to end this practice could free up costly prison space while enabling vulnerable individuals to access support necessary to stabilise their lives. Despite ongoing concerns, the Government has repeatedly dismissed recommendations to gather data on those imprisoned for their own protection, leading to circumstances where some individuals may spend years in custody due to court delays.