Criminal detention and alternatives: fundamental rights aspects in EU cross-border transfers and cultural differences might offer some explanation. Examples of practice from the United Kingdom and Ireland demonstrate the common law approach. However, the number of persons detained pre-trial is still high, especially in some EU Member States. Figure 9 provides an overview of the use of pre-trial detention across the EU. The figure includes absolute numbers, so larger countries have a greater population. In England and Wales, by law, every defendant has a prima facie right to bail, which must be granted unless statutory grounds for withholding it are satisfied. Studies show that bail is granted in approximately two-thirds of initial pre-trial hearings, which include serious offences, although it was found that bail conditions were breached in 40 % of cases reviewed. The most frequently imposed condition is a residence condition. Therefore, bail hostels, while not always available, are important to enable releases of suspects without fixed addresses.152 While bail may bring its own problems, in Ireland, bail, rather than detention, is the ‘default position’ in pre-trial criminal investigations. “If you oppose bail, there must be a reason. Bail is the default position,” says an Irish judge. The conditions vary from a so-called “mobile phone condition” – which requires the suspect to carry a fullycharged phone at all times and answer it whenever the police calls – to money bail from € 100 to € 10,000.153 Figure 10 shows the percentage of total detained (preand post-trial) in pre-trial detention. This proportion is interesting because it is comparable across countries, irrespective of population size, and shows how frequently pre-trial detention is used compared to the overall use of detention. The SDGs, as noted in Chapter 3, include a target under goal 16 (“peace, justice and strong institutions”) on access to justice, with one of the indicators (16.3.2) dealing with “[u]nsentenced detainees as proportion of overall prison population”. Measuring this indicator will encourage a reasonably low rate of pre-trial detainees (unsentenced) compared to the overall number of detainees pre- and post-trial. Figure 11 presents the number of pre-trial detainees per 100,000 population in the Member States, which varies quite significantly. In other states, however, pre-trial detention is perceived as a measure of first resort. In some countries, the prosecution is the most powerful stakeholder driving the use of pre-trial detention, and judges will for a variety of reasons often comply with their request. To effectively and efficiently reduce the use of pre-trial detention or Legal and cultural traditions of responding to alternatives to pre-trial detention Research shows that approaches to pre-trial detention vary in different EU Member States. Diverse traditions Figure 11: Detention rate (pre-trial) per 100,000 population in the EU Member States (UK by its three main parts), compared with EU average 120 112 100 80 43 43 20 25 38 19 14 20 44 36 40 26 11 7 HR 40 21 32 32 61 55 53 FI 60 32 24 28 21 24 28 13 15 11 12 Pre-trial detention rate (per 100,000 population) UK (SCT) UK (NIR) UK (ENG & WLS) SI SK SE PT RO EU average (31) Notes: The information comes largely from national prison administrations or responsible ministries. The data are mainly from 2013 and 2014, but in some cases are slightly older. Information for the UK specified separately for each of its three main regions. Source: Institute for Criminal Policy Research (ICPR), University of London, World Pre-trial/Remand Imprisonment List (2nd ed.) 152 Fair Trials (2015). 153 Ibid. 64 PL NL LV MT LU IT LT IE HU FR EL ES EE DK CZ DE CY BE BG AT 0