§ Mr. WigleyTo ask the Secretary of State for the Home Department if he will take steps to limit the period for which people accused of non-violent crimes may be held on remand prior to cases coming before the courts; and if he will make a statement. [13324]
§ Mr. MichaelThe Government are determined to ensure that defendants should spend as little time as possible on remand awaiting trial. The period for which those charged with indictable offences may be held in custody on remand is already restricted by statutory custody time limits. Unfortunately, it is clear that in far too many cases it has been necessary for the courts to extend those time limits and the Government intend to introduce stricter criteria in the forthcoming Crime and Disorder Bill to govern the court's decision to grant extensions to limits.
The remand decision, whatever the offence charged, is, of course, a matter for the court in the exercise of its judicial discretion in accordance with the Bail Act 1976. That Act establishes a statutory right to bail for all defendants involved in criminal proceedings, subject to certain exceptions. Bail may be withheld only in the case of a person accused of an offence punishable with imprisonment if the court is satisfied that there are substantial grounds for believing that, if released on bail, that person would abscond, commit an offence, interfere with witnesses or otherwise obstruct the course of justice.
In taking a remand decision, the court has to consider the nature and seriousness of the offence, the character, antecedents and community ties of the defendant, his past record under any previous grants of bail and the strength of the evidence against his having committed the offence, as well as any other considerations which appear relevant.
§ Mr. BeithTo ask the Secretary of State for the Home Department what plans he has to reform the remand system; and if he will make a statement. [13720]
§ Mr. Michael[holding answer 3 November 1997]: The consultation paper, "Tackling Delays in the Youth Justice System", published on 15 October, sets out a number of legislative proposals which are intended to remove obstacles to the speedy and efficient handling of cases, introduce new and more effective procedures and establish greater discipline in the processing of cases through the setting up of statutory time limits. The deadline for comments on the paper is 12 November 1997.
The consultation paper, "Reducing Remand Delays", was issued on 23 October 1997. It sets out the time limits proposals in the context of the adult courts. It provides a little more detail on the procedural aspect of the new 117W measures—for example, the mechanics of reinstituting proceedings—than the "Tackling Delays in the Youth Justice System" paper. For the sake of completeness, the "Reducing Remand Delays" paper also includes the other non-Narey legislative measures aimed at reducing delays in all courts: the two new bail measures and the power to conduct pre-trial hearings by live television link. The deadline for comments on the proposals in this paper is 14 November 1997.
Copies of both these documents have been placed in the Library.
§ Mr. BeithTo ask the Secretary of State for the Home Department what plans he has to amend the Bail Act 1976 to ensure that courts take notice of the effects that remands in custody may have on the mental and physical health of defendants; and if he will make a statement. [13723]
§ Mr. Michael[holding answer 3 November 1997]: The remand decision is a matter for the courts in the exercise of their judicial discretion in accordance with the Bail Act 1976. That Act establishes a statutory right to bail for all defendants involved in criminal proceedings, subject to certain exceptions. Bail may be withheld only in the case of a person accused of an offence punishable with imprisonment if the court is satisfied that there are substantial grounds for believing that, if released on bail, that person would abscond, commit an offence, interfere with witnesses or otherwise obstruct the course of justice. In taking a remand decision, the Bail Act requires courts to consider the nature and seriousness of the offence, the character, antecedents and community ties of the defendant, his past record under any previous grants of bail, and the strength of the evidence against his having committed the offence as well as any other considerations which appear relevant. Courts may seek information from the probation service and advice of health care professionals to assist them. They will also have regard to any representations made by the prosecution or defence. In addition, courts may use the provisions of the Mental Health Act 1983 to enable appropriate mentally disordered persons to be remanded to hospital rather than prison.
I have no plans to alter these arrangements but will consider ways of improving the information available to the court on the mental health of defendants the better to inform decisions, including an assessment of risk to the public.