High levels of remand or pre-trial detention (PTD) is a matter of growing concern in many countries, and at a European level. Despite being responsible for a significant part of the prison population, PTD practice is rarely the focus of criminological and criminal justice research. This book examines pre-trial detention practices and different ways of reducing its use across Europe. Offering a range of country-specific studies, this book also offers comparative studies of major issues across the continent. In particular, this book illustrates and examines how the actors (judges, public prosecutors, defence lawyers) work in pre-trial proceedings and make decisions; the common challenges in PTD decision-making; the factors which explain higher and lower rates of PTD across Europe; similarities and differences in practice; and the ways in which cross-border cases in Europe influence policy and practice. Offering suggestions and recommendations for how to bring down the use of PTD in Europe, this book is essential reading for all those engaged with European penal research and practice.

With the entry into force of the Treaty of Lisbon, the EU has acquired a competence in criminal procedure law and in the field of procedural rights of persons who are accused of committing a criminal offence. Harmonizing the way in which criminal proceedings are being conducted and safeguarding the rights of the accused in a uniform manner throughout the EU has therefore become possible. This book addresses international legislative measures which are already in place, underway, or planned to be adopted in near future. Additionally, the case-law with regard to pre-trial detention of a number of international courts is analyzed. Together, they serve as the starting point leading to an answer of the main questions that this book poses: Do we already have minimum standards stemming from international law with regard to criminal proceedings involving pre-trial detention? If so, are they properly understood and applied at national level in the Member States of the EU? If not, what is the European Union doing or can do to improve the rights of persons in pre-trial detention? The analysis should be especially useful to criminal justice professionals working in the area of EU law.

Over recent years most of the criminal justice systems in Europe have witnessed a tendency to enhance the role of pre-trial inquiries. Different kinds of pre-trial measures have had a heavy impact on the fundamental rights of individuals involved in criminal procedures.The book contains a comparative study of four European countries on pre-trial precautionary measures limiting personal liberty. This comparison is part of two general frameworks concerning the ECtHR case-law and the EU legislation in the field of the right to liberty and security. In its two level approach, the book provides a critical guide for understanding the most significant changes which occurred in the area of liberty and security in the pre-trial phases of criminal proceedings as well as the protection systems developed in Europe both at national and supranational level to face the new challenges of the modern criminal investigation.