On 12 March, judges, prosecutors and the sheriff of Cuyahoga County in Ohio (US) began holding mass plea hearings to release people held in pre-trial detention in the county’s jail in an effort to lessen the spread of COVID-19 in case anyone tests positive for the virus.19 The Irish Prison Service is considering ‘contingency measures’ to reduce the number of people in custody, including through temporary release if the person considered does not pose an undue risk to public safety. In cases of emergency, overcrowding challenges prison management to the extreme. Overcrowding can lead to abuse and violence by people in prison, including prison staff towards prisoners. Furthermore, overcrowding seriously challenges a state’s ability to deliver on its obligation to provide healthcare in cases of health emergencies, such as the outbreak of COVID-19. Lowering the number of people in detention facilities is therefore a key way to lower the risk of irreversible health consequences or death for people in prison, including prison staff, due to an emergency situation. Such emergency releases are however usually not part of preparedness plans for disasters. All cases of individuals in pre-trial detention for minor or non-violent offences should be reviewed. Alternatives to pre-trial detention should in particular be considered for all those individuals presenting minimal flight risk, little risk of collusion, and presenting ‘Ohio county to hold mass plea hearings to reduce jail population over coronavirus concerns’, 12 March 2020, available at https://www.correctionsone.com/coronavirus-covid19/articles/ohio-county-to-hold-mass-plea-hearings-toreduce-jail-population-over-coronavirus-concernsZhEvvkbxZ5tpo3Tv/ 19 low risk to society. In countries having cash bail systems, authorities should consider lifting the cash bail system for suspects awaiting criminal trial in cases of emergency and solely impose pre-trial detention in exceptional circumstances. To date, about around 30 percent of the prison population worldwide comprises pre-trial detainees not yet convicted of a crime. In this spirit, The Netherlands announced that individuals who were to present themselves to a detention facility to serve a short sentence will not be called up to do so for the time being.20 In England, however, ‘ministers are thought to have not ruled out releasing vulnerable inmates most at risk, but the instinct in government is that they should serve their sentences’.21 To prevent grave consequences related to the spread of COVID-19, populations most at-risk, in particular older persons and individuals with mental and underlying physical health issues, should be immediately considered for release. Furthermore, individuals convicted for minor or non-violent offenses, especially those sentenced for drug-related offenses or for socio-economic offenses, should be immediately considered for release. Early release, parole and other non-custodial alternatives, such as electronic surveillance, should be put in place as an urgent measure to reduce risks ‘DJI treft preventieve corona-maatregelen’, 13 March 2020, available at https://www.dji.nl/persmedia/nieuws/2020/dji-treft-preventieve-coronamaatregelen.aspx. 21 ‘Coranavirus: Emergency plan for prisons in England and Wales’, op. cit. 20 Page 11 of 13 www.penalreform.org