Actors, roles and responsibilities in the pre-trial detention decision-making process

Abstract

This chapter will examine the key players in the decision-making process for pre-trial detention (PTD), specifically judges, prosecutors, defence lawyers and the probation service. It notes that prosecutors play a critical role in these decisions and can be highly influential. This indicates the need for any strategies to reduce PTD to work closely with prosecutors. The chapter also explores the challenges faced by defence lawyers, such as having sufficient time to prepare for the proceedings, being able to suggest alternatives to PTD and the availability of resources such as funded legal assistance. It examines the relative positions and influences of these actors, and the legal and social cultures that surround them. Some countries represented in this volume have a role for the probation service in decision-making, the chapter will also assess how this role operates in practice, and the barriers faced.