Our investigation reveals that this legislation is increasingly not being followed, particularly for women, who are more likely to be denied bail than men, including for non-violent crimes. More than 25% of all women in prison are on remand, compared to 19% of men, according to the most recent Ministry of Justice data. Almost 60% of women arriving into prison on remand between October 2023 and June 2025 had been charged with non-violent crimes, compared to 51% of men.
As the court backlog reaches record highs, many of these people will spend weeks or even months in prison – often, as we have found, in poor conditions and while their mental health spirals – before even being tried, let alone found guilty. Despite this, when their cases are finally heard before a court of law, many will ultimately not be sentenced to prison, with two-thirds of women held on remand later found not guilty or handed a non-custodial sentence, according to research by the prison reform charity The Howard League published in 2020.
Women in Prison CEO, Sonya Ruparel said “Women are being disproportionately put on remand and this picture becomes even worse when you look at the numbers for black and racially minoritised women. Yet many are there for non-violent crimes. Almost nine in 10 women on remand are assessed as posing only low to medium risk of serious harm to the public, and the majority of women on remand are there for low level, non-violent offences.
“Remand separates women from their children, can mean they lose their home and jobs, and it can mean poorer health outcomes for women, including if they are pregnant. The women we work with tell us it's unjust and they often experience anxiety and depression whilst on remand, describing a feeling of being ‘in the dark’ about their case, and ‘left in limbo.’”
While the Ministry of Justice does not publish the length of time people spend on remand, a parliamentary question by Labour’s Lord Bradley found that, on 30 September 2022, 770 people on remand had been incarcerated for more than two years. The custody time limit – the maximum period a defendant can be held in custody before trial – is six months.
Such delays risk violating people’s rights under the protections outlined in the European Convention of Human Rights, which states that a person being detained must be brought to trial within a reasonable time or released pending trial.
Alice Edwards, the UN special rapporteur on torture told openDemocracy: “Holding people for months or years without trial risks violating fair trial rights, the presumption of innocence and the prohibition of ill-treatment. The UK prison system has been neglected for too long – basic tools such as electronic records and regular public reporting are still not in place, yet they are essential to monitor overcrowding, excessive use of remand and the applicability of alternatives to detention. It is time for a comprehensive, not piecemeal, approach to justice reform.”
Nadia* was held on remand, but the charges against her were dropped before the case even went to trial. The uncertainty and the experience of being imprisoned alongside women who were mentally unwell and struggling to cope with substance abuse issues left her feeling depressed and anxious. “I have PTSD,” she said. “I have nightmares. If a door bangs or I hear keys jangling, my heart goes.”
Women on remand appear to disproportionately suffer poor mental health while in prison. Of the 17,000 people held on remand, just 5% are women, yet they account for 38% of all self-harm incidents in the remand population, according to data from the charity JUSTICE.
“The indefinite nature of remand – where there is uncertainty about the length of time you will be held in prison – coupled with the experience of those first days in a prison environment can have a serious impact on mental health,” said Helen Churcer, senior research and policy officer at the Howard League.
“This is evident in the higher rates of self-harm in the remand population. For women, who have higher self-harm rates, this is even more pronounced.”
Our investigation also found that prisons that had a high number of people on remand during their most recent inspections also had some of the worst living conditions and the most overcrowding. Two-thirds of those held at HMP Leeds said they were confined to their cells for more than 22 hours a day, with more than half saying their cell was “very dirty”, and 26% saying they were not able to shower every day. Almost 60% reported feeling unsafe in the prison.
In Belmarsh, where the June 2024 inspection reported that 60% of inmates were on remand, nearly half described their cell as “very dirty” and 45% reported being victimised and bullied by staff.
