Policy paper

Review of Custodial Remand for Children

The government response to the recommendations on children on remand made by the Independent Inquiry into child sexual abuse in 2019.

• From: Ministry of Justice
• Published: 26 January 2022
• Last updated: 16 February 2022 — See all updates

This was published under the 2019 to 2022 Johnson Conservative government

Applies to England and Wales

Documents

Review of Custodial Remand for Children

PDF, 1.18 MB, 80 pages

Adolygiad o blant ar remand yn y ddalfa

PDF, 66.9 KB, 4 pages

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Details

Remands make up over a third of the children and young people in custody. The Independent Inquiry into Child Sexual Abuse (IICSA) in 2019 recommended that the Government examines the scale and appropriateness of youth custodial remand.

The government accepted the recommendation with a commitment to identify options to reduce numbers where appropriate. This report is the result of that review.

The report published today is the culmination of extensive engagement across England and Wales with a broad range of stakeholders in central and local government, youth justice partners, the judiciary, independent inspectorates and crucially, children with experience of the system.

The report findings question the dominant narrative that the number of children on remand has increased significantly or that custodial remand is regularly ‘overused’. It highlights that remand is a complex decision-making issue and that courts do not make custodial remand decisions lightly.

The review presents data and insights gained from stakeholder engagement to better understand issues surrounding youth custodial remand. It highlights areas of best practice and makes proposals to strengthen frontline delivery. It explores issues affecting accommodation and community provision to ensure robust alternatives to custody are available where risk can be managed effectively in the community. The report explores racial disparity in remand outcomes and provides detail on the legislative measures in the Police, Crime, Sentencing and Courts Bill to tighten the legal tests courts must satisfy to impose a custodial remand on a child.

The report also identifies steps that can be taken across Government and youth services to improve current practice and enhance scrutiny and oversight.

Published 26 January 2022
Last updated 16 February 2022 + show all updates

1. 16 February 2022

   Welsh Translation of the executive summary of the Review of Custodial Remand for Children published.

2. 26 January 2022

   First published.