Experts urge the Government to stop imprisoning people for their own protection
Published:
November 11, 2025
A coalition of 42 experts and civil society organisations, coordinated by JUSTICE, today called on the Deputy Prime Minister to remove the courts’ power to imprison people for their own protection (or welfare, in the case of children) while they await trial.
The power allows courts to detain vulnerable people, including children, who are presumed innocent, even when their crime does not carry a prison sentence. Signatories to the joint letter argue this practice is not only ineffective but actively harmful, worsening issues such as homelessness, addiction, and mental health crises.
The signatories point to mounting evidence that prisons worsen vulnerabilities. A series of reviews, including by the Justice Committee, HM Inspectorate of Prison, and the Independent Monitoring Board, raise deep concerns with the practice, including its disproportionate impact on women and girls.
“Prisons are not places of care” the letter states. “They are fundamentally ill-equipped to address the social issues that underpin this use of remand.” Research consistently finds very high levels of violence, self-harm and drug use in prisons, along with extremely limited opportunities for work or education.
Signatories of the letter include JUSTICE, Kate Green (Deputy Mayor of Greater Manchester), Sir Bob Neill KC (former Chair of the Justice Committee), the Chair and Vice Chair of the Criminal Bar Association, Baroness Shami Chakrabarti, Emeritus Professor Loraine Gelsthorpe (Chair of the Probation Institute), Centre for Women’s Justice, the Howard League for Penal Reform, and 33 others.
The letter argues that ending the practice via an amendment to the Sentencing Bill could free up expensive prison spaces and increase the chances of vulnerable people have access to the right tools to stabilise their lives.
The Government has consistently rejected Justice Committee recommendations to collect data on how many people are imprisoned for their own protection. Due to court delays, some people currently spend years in prison under this power.
Sir Bob Neill KC, former Chair of the Justice Select Committee, says: “Prisons are not appropriate environments for vulnerable individuals, particularly at a time when support services within the prison system are under severe strain due to the ongoing capacity crisis.
"The Justice Committee has repeatedly called for the removal of the provision allowing remand ‘for own protection’. This practice not only risks causing serious harm, but also reflects a failure to provide adequate care in the community. Using custody as a substitute for support is wrong in principle.
"Ending this practice would be a meaningful step toward ensuring that those in need of protection receive appropriate support in the community.”
Fiona Rutherford, Chief Executive of JUSTICE, says: “Removing people – who have not been convicted and otherwise pose no public risk – from families, jobs, healthcare arrangements, and homes to overcrowded prisons rife with drugs and violence is harmful, not protective.
“This is a chance for the government to end a counterproductive practice and take some strain off prisons by freeing up space.”