Improving Remand Decisions in the Magistrates’ Courts .Recommendations based on JUSTICE research evidence and stakeholder consultation

By JUSTICE (UK)

Despite the recommendations made in JUSTICE’s 2023 research paper on pre-trial remand decision-making in the Magistrates Court little substantive progress has been made to address the challenges identified. This report presents a targeted set of recommendations to address persistent issues in pre-trial remand decision-making within the Magistrates’ Courts of England and Wales. The proposals are designed to (i) ensure custodial remand is genuinely used as a last resort, (ii) enhance the quality and lawfulness of decisions, (iii) reduce unnecessary pre-trial detention, and (iv) foster a fairer justice system. The recommendations within this latest report are informed by a combination of quantitative data and qualitative evidence gathering, and have been tested through discussions with key individual and organisational stakeholders. Improving Diversity and Accessibility in the Magistracy a. The current lack of diversity in the magistracy undermines the perceived legitimacy and the quality of decision making. b. Structural barriers to joining and remaining in the magistracy should be removed, including simplifying the application process and eliminating the requirement for employer references at the pre-selection stage. c. Enhanced data collection on recruitment and attrition is required to identify obstacles faced by underrepresented groups, with the aim of building a magistracy that better reflects the communities it serves