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European Perspectives on Pre-Trial Detention: A Means of Last Resort? (eBook)

Edited by: Christine Morgenstern, Walter Hammerschick, Mary Rogan

ISBN13: 9781000953169
Published: September 2023
Publisher: Routledge
Country of Publication: UK
Format: eBook (ePub)
Price: Out of print
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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 within the European 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.

Subjects:
Criminal Law, eBooks
Contents:
Acknowledgments
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. Pre-trial detention as ultima ratio - European practice: between aspiration and reality
Mary Rogan, Walter Hammerschick and Christine Morgenstern
Index

Series: Routledge Frontiers of Criminal Justice

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