Practical recommendations
It is recommended that States take practical steps to reduce pre-trial detention
rates, including:
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aising awareness among judges and prosecutors of the legal limits
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placed on pre-trial detention by international and national law, and of the
negative consequences of pre-trial detention on detainees, their families
and on society as a whole;
Refraining from using pre-trial detention for purposes other than the administration of justice;
Ensuring that alternative measures to detention provided by national legislation are properly implemented and applied in practice;
Encouraging defence lawyers to be trained on alternative measures,
when and how to request alternative measures, and how to challenge
pre-trial detention;
Ensuring greater equality of arms between the prosecution and the
defence, including by allowing defence lawyers unfettered access to
detainees, by granting them access to the investigation file ahead of the
decision imposing or prolonging pre-trial detention, and by providing sufficient funding for legal aid schemes, including for proceedings related to
pre-trial detention;
Ensuring that decisions on pre-trial detention are taken by more senior
judges or by collegiate courts, and that judges do not suffer negative
consequences for refusing pre-trial detention in accordance with the law;
Developing minimum standards for prosecutors and judges to instruct them on when and how pre-trial detention should be requested
or ordered (including providing an explanation for the use of pre-trial
detention);
Taking appropriate action to redress any discriminatory application of
the rules governing pre-trial detention with regard to foreign nationals, in
particular by clarifying that being a foreigner does not, per se, constitute
an increased risk of absconding;
Collecting data on pre-trial detention decisions, including how many
requests are made for pre-trial detention by prosecutors and how often judges order pre-trial detention, engaging with CSOs to conduct a
cost-benefit analysis of the use of pre-trial detention, and conducting
research on the effectiveness of alternative, non-custodial measures and
inform the public about the findings.
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