European Perspectives on Pre-Trial Detention

A Means of Last Resort?

Christine Morgenstern, Walter Hammerschick, Mary Rogan, Christine Morgenstern, Walter Hammerschick, Mary Rogan

• Publisher: Routledge
• Year: 2023
• ISBN:
  9781000953169
• Edition: 1
• Topic: Derecho
• Subtopic: Derechos civiles en la legislación

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.