By Tom Smith

Deprivation of liberty as part of the criminal process is always a significant step, and arguably even more so when the person so deprived has not yet been convicted of an offence. Remand decision making – that is, granting bail or requiring detention of a defendant prior to trial – in the courts of England and Wales is a common and important part of modern criminal procedure, yet has been under-examined in the last two decades. This article presents some of the findings of the first empirical study of remand law and practice in this jurisdiction in many years. It concludes that, notwithstanding that the rate of pretrial detention is comparatively low and practice is broadly in line with domestic and regional standards, there remain significant issues – particularly in relation to the time spent on such decisions and the information provided to courts when considering remands on bail or in custody.

Howard Journal of Crime and Justice Volume60, Issue, March 2021, 29 pages

By Kevin Ball, Avtar Singh and Trevor Worsfold

Probation services in England and Wales supervise over 240,000 people sentenced by the courts or after they have left prison; around one in eight of these people are from a nonwhite ethnic minority (Ministry of Justice, 2022). Her Majesty’s Inspectorate of Probation recently published their inspection report on the experiences of ethnic minority people on probation and staff. From fieldwork across five areas, the inspectors found significant problems in the quality of relationships between probation workers and ethnic minority people on probation, and reported significant gaps in the availability of services and interventions. This article will review the policy landscape of probation provision for ethnic minorities, summarise the inspection findings and official data, and provide an analysis of the narrative data collected in the fieldwork with probation staff and people on probation. We will analyse the narratives of those involved in probation provision for ethnic minorities through the lens of procedural justice, which encompasses the elements of understanding the process taking place; having a voice in that process; feeling that you have been treated with respect; and having trust in the fairness of the process (Hunter et al., 2020).

Manchester, UK: British Journal of Community Justice, 2023, 19p.

By Matt Tidmarsh

The number of women working in occupations that lay claim to professional status has increased markedly in recent decades, but the speed and extent of the ‘feminisation’ of the probation service in England and Wales render it unique. Such change has occurred against the backdrop of attempts to present the service in more ‘masculine’ terms, to increase punitiveness while maximising its efficiency. This article seeks to move explanations for feminisation beyond gender stereotypes about care work. Drawing on semi-structured interviews with 38 members of staff from across the probation estate, and with particular regard to the unification of services, it explores the demographic and cultural dynamics of feminisation. The article argues that the sustained (and ongoing) devaluation of probation's professional project, pay and working conditions have impacted retention and recruitment in such a way that has filtered into the gender composition of the service.

Leeds, UK: Probation Journal, 2023, 21p.

By  HM Inspectorate of Probation (UK)

A thematic inspection led by HM Inspectorate of Probation investigated the effectiveness of the arrangements to support Senior Probation Officers (SPOs) working in sentence management and in court teams. The report also focuses on management oversight, the processes taken by SPOs to make sure that probation work is undertaken to the required standard. The Probation Service lacks a comprehensive strategy for delivering effective management oversight. The inspection found the management oversight frameworks that have been implemented are used inconsistently by probation staff. Only 39 per cent of SPOs believed the current policies relating to management oversight meet the needs of the probation caseload. This inspection found: The current management structure and arrangements for the delivery of sentence management do not enable effective management oversight. A significant amount of time is currently being spent by SPOs on tasks unrelated to service delivery. Sixty-two per cent of SPOs said they had dealt with issues such as broken toilets or damaged windows within the last month. Staff in Wales have responded positively to the introduction of a new structure which has resulted in a less frenetic working culture. Morning check-in meetings and protected hours for probation practitioners to consult with SPOs have reduced anxiety levels, fostering a more considered approach to decision-making. An accompanying effective practice guide has been produced alongside this report, highlighting the good practice observed during this inspection. This report makes six recommendations, including to design and implement a comprehensive induction and development programme for all SPOs and to review business support functions in relation to facilities management and human resources.

Manchester, UK: The Inspectorate, 2024. 36p.

By Jacqueline Beard

The prison estate in England and Wales contains 120 prisons holding people who have been sentenced or are on remand awaiting trial for a range of crimes. The prison estate has a mixture of publicly and privately run institutions, some of which are newly built, while others date back to the Victorian era. As of March 2023, the total prison population in England and Wales was around 84,400 people, 96% of whom were male. The prison population has grown substantially over the past 30 years, with almost all the growth having taken place between 1995 and 2010. It reached its highest level in 2012 at around 86,600 people. During the pandemic, in 2020, the prison population dipped to its lowest level for around 13 years before rising again in each of the two most recent years. In the long term, the Government expects the prison population to increase. Among reasons for the projected increase, the Ministry of Justice cites the rise in police officer numbers and changes in sentencing policy. The most recent set of projections give a central estimate for the prison population of 94,400 by March 2025 and a range from 93,100 to 106,300 by March 2027. 

London: UK Parliament, House of Commons Library, 2023. 35p.

Edited by Janet Weston and Virginia Berridge

This Witness Seminar, held at the London School of Hygiene and Tropical Medicine in May 2017, brings together some of those involved in influencing and implementing prison policy decisions surrounding HIV and AIDS in the 1980s and 1990s. AIDS first appeared in Europe in the early 1980s, and prisons were soon identified as sites that would face particular challenges. Injecting drug use was one of the primary modes of HIV transmission, and the large numbers of drug users passing through prisons meant that the prevalence of HIV was feared to be high. Added to this were suspicions about the frequency of risky sexual activity and injecting drug use within prisons. Prisoners were not only thought to be at a higher risk of already having HIV or AIDS, but prisons themselves were seen as an ideal environment for the spread of infection amongst inmates, potentially also from inmates to staff, and ultimately from released prisoners to the wider population. Urgent decisions had to be made about how to minimise disruptions prompted by diagnoses or fears of HIV and AIDS, how to reduce the risks of HIV transmission, and how to look after prisoners already affected. The emergence of HIV and AIDS highlighted many of the existing tensions and problems surrounding healthcare for prisoners. Witnesses described the reluctance of the prison service to acknowledge and tackle difficult issues, but also observed that there did not seem to have been an HIV or AIDS epidemic within prisons in England and Wales. What also emerged was a sense of some of the ongoing difficulties facing the prison service, in terms of lost gains in healthcare services, mounting overcrowding, and a failure to learn the lessons of the past.

London: London School of Hygiene & Tropical Medicine, 2017. 67p.