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Remand in Custody

Asked by Vikki SladeLiberal DemocratMinistry of JusticeTabled Answered 23 December 2025UIN 100506

The question

To ask the Secretary of State for Justice, if he will make it his policy to review the status of people held on remand in custody for more than six months to determine whether they should be considered for conditional release.

Answered by Jake Richards

The decision to remand an individual in custody or to grant bail is solely a matter for the independent judiciary acting in accordance with the Bail Act 1976. With limited exceptions, the Bail Act creates a presumption in favour of bail for defendants involved in criminal proceedings. This recognises that a person should not be deprived of his/her liberty unless that is necessary for the protection of the public or the delivery of justice.

There is a well-established process that enables remanded prisoners to apply to the court for bail, and we have expanded the Bail Information Service over the last year to provide more support.

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