DETOUR - Towards Pre-trial Detention as Ultima Ratio: Comparative Report

Abstract

The main research question addressed in this report is: “Is PTD in practice used as a means of last resort (ultima ratio) in the participating countries?” More specific secondary research questions: - How extensively is PTD used? - What developments can be observed with respect to the use of PTD and alternatives, what factors appear to be relevant in this respect? - What factors influence decision-making? - What parties are involved and what are their roles? - Are alternatives to PTD available and are they used? What are potential obstacles? - If alternatives are used are there indications of net widening? - Are there any groups which are treated differently and if so, which ones, and in what respect? - To what extent do European aspects play a role for PTD practice, and could cooperation within Europe or internationally help to avoid PTD? The results of our study are relevant not only for scholars but also, in particular, for practitioners and policy makers, both on the national and the European level. Practitioners – judges, defence lawyers, public prosecutors, as well as those from the police, criminal justice, social and related fields – should profit from our insights, which demonstrate that many problems affect different jurisdictions in the same way, but constructive options are sometimes found elsewhere. These options may serve as examples for domestic purposes.