Commission considers pan-EU bail

By David Cronin

Date: 16/09/04

AN EU-WIDE bail system is being considered by the European Commission to prevent prisons from being crowded with suspects awaiting trial.

In a new paper, the Union's executive cites the "excessive use and length" of pre-trial detention as one of the main causes of prison overpopulation in member states.

Because people from one EU country suspected of committing a crime in another are more likely to face remand than a suspect who is native to that state, the Commission suggests that a mutual recognition scheme is needed to supervise alternatives to pre-trial detention. In the Commission's view, the current practice in some member states may breach EU law - including rights to equal treatment and freedom of movement.

The Commission has undertaken to present a proposal on alternatives to pre-trial detention by the end of this year. One idea touted is known as "Eurobail".

This would carve up responsibilities between a court in the country where an offence occurs and a court in the state where a suspect normally lives. The former would decide if bail can be applied to the offence and the suspect would then be returned to his or her home country. The second court would then decide if the person could be released on bail.

The Commission argues that the court in the suspect's country of residence is better placed than the trial court to assess if there is a risk to society in granting bail.

Pre-trial detainees account for a large percentage of the prison population in several member states. According to Council of Europe data, non-convicted prisoners totalled nearly 40% of all inmates in Luxembourg and more than 25% in France and Greece in 2001.

An EU-wide bail system is being considered by the European Commission to prevent prisons from being crowded with suspects awaiting trial.

European Commission: COM(2004)562 'Green Paper on mutual recognition of non-custodial pre-trial supervision measures' http://ec.europa.eu/comm/justice_home/news/consulting_public/gp_30112004/gp_en.pdf

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