Practical recommendations It is recommended that States take practical steps to reduce pre-trial detention rates, including: 9. 10. 11. 12. 13. 14. 15. 16. 17.  aising awareness among judges and prosecutors of the legal limits R 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. 77