European Perspectives on Pre-Trial Detention

Christine Morgenstern is Professor for Criminal Law and Legal Gender Studies at Freie Universität Berlin, Germany. Walter Hammerschick is Deputy Head and Senior Researcher at the Department for Applied Sociology of Law and Criminology of the University of Innsbruck, located in Vienna, Austria. Mary Rogan is Associate Professor at the School of Law, Trinity College Dublin, Ireland.

List of contributors Acknowledgments 1. Pre-trial detention in Europe – a means of last resort? An Introduction 2. Pre-trial Detention in Austria – a Preventive Approach 3. Well-meant is not always well-done – Pre-trial detention in Belgium 4. A systemic approach to reducing custodial remands: the experience of England and Wales. 5. Pre-trial detention in Germany – A liberal approach, but not for all 6. Pre-trial Detention in Ireland: Emphasising Alternatives? 7. Pre-trial detention in Lithuania – transition in legal culture and pre-trial detention trends 8. Pre-trial detention in the Netherlands: Absolutely low, relatively high 9. Pre-trial detention in Romanian– improvements and shortcomings 10. The basis for decision-making: Legal grounds, factual motives and influential factors 11. Actors, roles and responsibilities in the pre-trial detention decision-making process 12. Dilemmas in the use of alternatives to pre-trial detention in prison 13. Foreign Nationals in pre-trial detention: a neglected and urgent challenge 14. European Aspects – Human Rights, Cross-Border Policy and Guidance for a responsible use of Pre-trial Detention 15. Pre-trial detention as ultima ratio - European practice: between aspiration and reality Index