1st Edition
European Perspectives on Pre-Trial Detention A Means of Last Resort?
High levels of remand or pre-trial detention (PTD) is a matter of growing concern in many countries, and at a European level. Despite being responsible for a significant part of the prison population, PTD practice is rarely the focus of criminological and criminal justice research. This book examines pre-trial detention practices and different ways of reducing its use across Europe. Offering a range of country-specific studies, this book also offers comparative studies of major issues across the continent.
In particular, this book illustrates and examines how the actors (judges, public prosecutors, defence lawyers) work in pre-trial proceedings and make decisions; the common challenges in PTD decision-making; the factors which explain higher and lower rates of PTD across Europe; similarities and differences in practice; and the ways in which cross-border cases in Europe influence policy and practice.
Offering suggestions and recommendations for how to bring down the use of PTD in Europe, this book is essential reading for all those engaged with European penal research and practice.
List of contributors
Acknowledgements
1. Pre-trial detention in Europe: a means of last resort? An Introduction
Christine Morgenstern, Walter Hammerschick and Mary Rogan
2. Pre-trial detention in Austria: a preventive approach
Walter Hammerschick
3. Well meant is not always well done: pre-trial detention in Belgium
Eric Maes and Alexia Jonckheere
4. A systemic approach to reducing custodial remands: the experience of England and Wales.
Anthea Hucklesby
5. Pre-trial detention in Germany: a liberal approach, but not for all
Christine Morgenstern
6. Pre-trial Detention in Ireland: emphasising Alternatives?
Mary Rogan
7. Pre-trial detention in Lithuania: transition in legal culture and pre-trial detention trends
Skirmantas Bikelis
8. Pre-trial detention in the Netherlands: absolutely low, relatively high
Joep Lindeman, Pauline Jacobs and Miranda Boone
9. Pre-trial detention in Romanian: improvements and shortcomings
Ioan Durnescu and Gabriel Oancea
10. The basis for decision-making: legal grounds, factual motives and influential factors
Walter Hammerschick and Skirmantas Bikelis
11. Actors, roles and responsibilities in the pre-trial detention decision-making process
Mary Rogan and Joep Lindemann
12. Dilemmas in the use of alternatives to pre-trial detention in prison
Alexia Jonckheere and Eric Maes
13. Foreign nationals in pre-trial detention: a neglected and urgent challenge
Anthea Hucklesby, Miranda Boone and Christine Morgenstern
14. European aspects: human rights, cross-border policy and guidance for a responsible use of pre-trial detention
Christine Morgenstern and Ioan Durnescu
15. Conclusion: pre-trial detention as ultima ratio - European practice between aspiration and reality
Mary Rogan, Walter Hammerschick and Christine Morgenstern
Index
Biography
Christine Morgenstern is Professor for Criminal Law and Legal Gender Studies at Freie Universität Berlin, Germany.
Walter Hammerschick is Deputy Head and Senior Researcher at the Department for Applied Sociology of Law and Criminology of the University of Innsbruck, located in Vienna, Austria.
Mary Rogan is Associate Professor at the School of Law, Trinity College Dublin, Ireland.
"Limiting pre-trial detention is a vital step towards reducing prison populations significantly, while recognising that unconvicted persons should never be incarcerated unnecessarily. This excellent book combines comparative studies of European pre-trial detention with in-depth analyses of their findings. It is an invaluable resource for penal reformers and students of criminal justice."
Dirk van Zyl Smit, Emeritus Professor of Comparative and International Penal Law, University of Nottingham
"This volume offers a comprehensive overview of the current empirical and legal issues surrounding pre-trial detention in Europe. The edition builds on more than a decade of research on remand detention across several European jurisdictions. Contributions are written by a stellar line up of experts, dealing with topics as diverse as human rights in remand proceedings and the practice of pre-trial decision-making. This book should be read by anyone who wishes to acquire valuable suggestions and develop operational strategies on how to reduce the use of pre-trial detention and expand the resort to its alternatives."
Adriano Martufi, Assistant Professor of Criminal Law, University of Pavia/Leiden University
"Pre-trial detention is a highly problematic penal practice. However, little is still known about its rationales and use across Europe. This book fills therefore an important gap in penological comparative scholarschip. It is an excellent example of a multi-national, multi-lingual and multi-cultural qualitative comparative research on pre-trial detention, based on unique empirical data, combined with a theoretical and human rights approach."
Kristel Beyens, Professor of Criminology and Penology, Vrije Universiteit Brussel
"Pre-trial detention for a long time has been neglected in research. The present book is an outstanding example of comparative criminal justice research covering legal and international human rights aspects as well as an empirical stock-taking of the use of pre-trail detention in Europe. The core question how to limit and to avoid deprivation of liberty of formally innocents is developed by a comprehensive comparison of eight European countries revealing the variations and similarities of problems in different legal cultures and jurisdictions. It deserves the utmost attention of the scientific community and of practitioners interested in criminal procedure and penal policy based on empirical evidence."
Prof. emeritus Dr. Frieder Dünkel, University of Greifswald, Germany
