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Remands in the Absence of the Accused

NCJ Number
100024
Author(s)
C May
Date Published
1985
Length
46 pages
Annotation
This study examines the cost-savings impact of a 1983 British law that permits remand hearings in the absence of the accused.
Abstract
Prior to the implementation of the 1982 Criminal Justice Act, a person remanded by a magistrates' court was required to attend hearings for bail and remand extensions at intervals of not more than 8 days. The act permits remand prisoners to opt not to attend up to three consecutive hearings. The law's intent is to reduce the cost of prisoner escorts. This study determined the rate at which inmates have exercised this option and estimated the resulting savings. Data were obtained from the court appearances of inmates from three detention facilities during the period September through November 1983, accompanied by data covering a 4-week period from all remanding institutions. An average of 21 percent of the hearings were held with the accused absent. The savings in staff time and vehicular costs were modest but significant. There were significant differences among courts in the proportion of remands in absentia. Courts with a low proportion of remands in absentia could increase the number by encouraging attorneys not to use hearings as occasions to meet with their clients and by encouraging remand facilities to increase the attractiveness of institutional activities as an incentive for inmates to remain at the prison rather than opt for attendance at hearings. 4 references and 85 Home Office research reports.