Foreign nationals in pre-trial detention: a neglected and urgent challenge

Anthea Hucklesby; Miranda Boone; Christine Morgenstern

doi:10.4324/9781003159254-13

Foreign nationals in pre-trial detention: a neglected and urgent challenge

Anthea Hucklesby, Miranda Boone, Christine Morgenstern

Birmingham Law School

Research output: Chapter in Book/Report/Conference proceeding › Chapter

Abstract

Despite perennial concerns about the size of pre-trial prison population across Europe, there has been a failure to acknowledge the high number of foreign nationals held in pre-trial detention, suggesting that this group is treated differently to “Citizen” populations by courts. This chapter examines available data on the number of foreign nationals in pre-trial detention across Europe before providing in-depth case studies from England and Wales, Germany and the Netherlands. These highlight a number of potential explanations for the disproportionate use of pre-trial detention for foreign nationals, including legal and non-legal factors. The final session examines potential measures to reduce the use of pre-trial detention for foreign nationals, including non-custodial measures.

Original language	English
Title of host publication	European Perspectives on pre-trial detention
Subtitle of host publication	a means of last resort?
Editors	Christine Morgenstern, Walter Hammerschick, Mary Rogan
Publisher	Routledge
Chapter	13
Pages	230-255
Number of pages	26
Edition	1st
ISBN (Electronic)	9781003159254
ISBN (Print)	9780367747268, 9780367747275
DOIs	https://doi.org/10.4324/9781003159254-13
Publication status	Published - 15 Sept 2023

Publication series

Name	Routledge Frontiers of Criminal Justice
Publisher	Routledge

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10.4324/9781003159254-13

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Hucklesby, A., Boone, M., & Morgenstern, C. (2023). Foreign nationals in pre-trial detention: a neglected and urgent challenge. In C. Morgenstern, W. Hammerschick, & M. Rogan (Eds.), European Perspectives on pre-trial detention: a means of last resort? (1st ed., pp. 230-255). (Routledge Frontiers of Criminal Justice). Routledge. https://doi.org/10.4324/9781003159254-13

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Foreign nationals in pre-trial detention: a neglected and urgent challenge. / Hucklesby, Anthea; Boone, Miranda; Morgenstern, Christine.
European Perspectives on pre-trial detention: a means of last resort?. ed. / Christine Morgenstern; Walter Hammerschick; Mary Rogan. 1st. ed. Routledge, 2023. p. 230-255 (Routledge Frontiers of Criminal Justice).

Research output: Chapter in Book/Report/Conference proceeding › Chapter

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AB - Despite perennial concerns about the size of pre-trial prison population across Europe, there has been a failure to acknowledge the high number of foreign nationals held in pre-trial detention, suggesting that this group is treated differently to “Citizen” populations by courts. This chapter examines available data on the number of foreign nationals in pre-trial detention across Europe before providing in-depth case studies from England and Wales, Germany and the Netherlands. These highlight a number of potential explanations for the disproportionate use of pre-trial detention for foreign nationals, including legal and non-legal factors. The final session examines potential measures to reduce the use of pre-trial detention for foreign nationals, including non-custodial measures.

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Foreign nationals in pre-trial detention: a neglected and urgent challenge

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