European Perspectives on Pre-Trial Detention A Means of Last Resort? Routledge Frontiers of Criminal Justice Series

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 Acknowledgments 1. Pre-trial detention in Europe – a means of last resort? An Introduction 2. Pre-trial Detention in Austria – a Preventive Approach 3. Well-meant is not always well-done – Pre-trial detention in Belgium 4. A systemic approach to reducing custodial remands: the experience of England and Wales. 5. Pre-trial detention in Germany – A liberal approach, but not for all 6. Pre-trial Detention in Ireland: Emphasising Alternatives? 7. Pre-trial detention in Lithuania – transition in legal culture and pre-trial detention trends 8. Pre-trial detention in the Netherlands: Absolutely low, relatively high 9. Pre-trial detention in Romanian– improvements and shortcomings 10. The basis for decision-making: Legal grounds, factual motives and influential factors 11. Actors, roles and responsibilities in the pre-trial detention decision-making process 12. Dilemmas in the use of alternatives to pre-trial detention in prison 13. Foreign Nationals in pre-trial detention: a neglected and urgent challenge 14. European Aspects – Human Rights, Cross-Border Policy and Guidance for a responsible use of Pre-trial Detention 15. Pre-trial detention as ultima ratio - European practice: between aspiration and reality Index

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.