Custodial Remand before Trial or Sentence

Using qualitative empirical and comparative research, this project will examine the current law and practice relating to bail and remand, the conditions of detention and impacts on whānau, and the possibilities for reform of the law, justice processes and procedures.

About the project

The percentage of the prison population that is on remand is higher in Aotearoa than in almost all other developed nations. There is currently little independent research on bail or the use of custodial remand, and still less about the way remand is experienced by prisoners and their families. There are currently both information gaps and a need for accessible material to assist a more informed public discourse about bail and remand. By employing a combination of qualitative research methods, including desk-based research, interviews and court observations, this project seeks to assess the current law and practice relating to bail and remand; to examine the impacts of custodial remand on defendants, their whānau and our communities; to reflect on international experience; and to suggest recommendations for reform of the law, justice processes and procedures. While the experience of all populations will be examined, there will be a particular focus on the experiences of Māori, Pasifika peoples, women, and those who are neurodivergent or who have mental health needs. The project will add to the international literature on bail and remand and will provide accessible information for the public.

Grant amount

$714,504 for work in 2023-2025

About Te Herenga Waka Centre for Justice Innovation

With an emphasis on translation to operations and practice, the focus of the Te Herenga Waka Centre for Justice Innovation is on providing an evidence-base for informed debate. The Centre, based at the Faculty of Law, Te Herenga Waka-Victoria University of Wellington, is concerned with innovation in both specific justice reforms and broader innovation in thinking and practice. It will seek to unify expertise and experience relevant to the delivery of justice in Aotearoa New Zealand. The co-Directors of the Centre will lead the project, with the assistance of Faculty of Law and wider Te Herenga Waka-Victoria University of Wellington colleagues.