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Innocent until proven guilty, or the presumption of innocence, has been a hallmark of the UK's legal system for a long time. However, while it's no secret that the justice system is currently under enormous strain, this basic principle on which so much is built is being severely compromised.

Innocent until proven guilty, or the presumption of innocence, has been a hallmark of the UK's legal system for a long time. However, while it's no secret that the justice system is currently under enormous strain, this basic principle on which so much is built is being severely compromised.

It stands to reason that if we are going to debate whether we are delivering on the principle of 'justice for the accused', we need to define what that looks like. Naturally, it has to be considered in parallel with justice, care, and protection for the victims of crime and their loved ones, as well as the protection of society and the general public from the possibility of further harm. However, we also cannot lose sight of three things:

1. The principle of 'innocent until proven guilty' is essential. Article 6 of the Human Rights Act of 1998, details that everyone in the UK has a right to a fair trial.
2. We must consider what justice for the accused looks like in practical terms, such as the impact of processes including time awaiting trial on that individual's life, from loss of earnings to mental health. Regardless of guilt, it does not serve society to lose our compassion or our ethics in the pursuit of justice.
3. We must address the conditions in which, and by which, people are held on remand, both for the benefit of society and mindful of the long-term impact that process has on an individual and their life beyond the criminal justice system.

Honouring the principle of 'innocent until proven guilty'

The Article 6 legislation reads: "In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law."

Honouring this principle is essential, not just in the interests of fairness, but also for the protection of our own humanity. Whatever the evidence, until someone has been found guilty of an offence, they should not be treated as though they have already been convicted. Indeed, it also has to be acknowledged that there is a chance that the individual is not guilty. The justice system is not infallible. Notably, the Criminal Cases Review Commission recorded an 18.9% rise in miscarriage of justice claims in 2023, particularly from commonly under-represented groups, including women.

This needs to be balanced with protection for victims and society, making expediency and accuracy within the justice system something we need to treat as a matter of urgency.

What does justice for the accused look like?

The question of what justice for the accused looks like is complicated, spanning everything from the conditions people are held in to the length of time spent awaiting trial. There's a global conversation about detention without trial, as well as time to trial and time to sentencing. There's also the issue of those still serving an indeterminate prison penalty (IPP), or a sentence without a set release date, a concept removed from the Statute Book in 2023 but still leaving 1,355 people without a release date as of 30th June 2024, even though 98% had served their tariff.

Former MP, ex-prisoner, and now priest and part-time prison chaplain at HMP Pentonville, Reverend Jonathan Aitken is a passionate campaigner for prison reform. He has been raising awareness around the issue of how long we keep people awaiting trial in the UK for years. When I spoke to him recently, he highlighted that since he became a prison chaplain in 2018, the number of prisoners on remand at Pentonville alone has gone up staggeringly, estimated in 2023 to be more than 75% of the total number of inmates in an institution that was reaching almost its entire operational capacity of 1,205.

On a national scale, the government's data records that as of 30th June 2024 there were 17,070 prisoners being held on remand in the UK, from a total prison population of 87,726. Meanwhile, when looking at how long people spent on remand on average, the report, reads:

"The National Audit Office estimated that as of 30 June 2021 individual defendants in the Crown Court spent an average of 209 days held on remand—an increase of 86 days compared with 31 March 2020."

It continues: "Furthermore, a recent answer from the Ministry of Justice to a Written Parliamentary Question stated that the number of people who had been held on remand for six months or more increased from 4,218 to 4,582 between December 2021 and September 2022. 770 of those had been held for two years or more; up from 480 in December 2021."

Notably, this is an issue that was not covered in the Independent Sentencing Review 2024 to 2025: Call for Evidence in November 2024 - neither was the issue of (IPP). Perhaps inadvertently adding some context to the issue of remand however, the Rt Hon David Gauke wrote in the foreword:

"The prison population in England and Wales has doubled over the last 30 years. We now have the highest incarceration rate of any Western European country and the prison population is projected to continue to rise by four and a half thousand offenders a year. Supply of new prison places has not kept up with the increase in demand and for the eighteen months after February 2023, the male estate was routinely operating at above 99% capacity."

While Article 6 does not define what a fair amount of time awaiting trial may be, these figures seem to be a far cry from the decree that "everyone is entitled to a fair and public hearing within a reasonable time", by anyone's measure.

Conditions and care of those held on remand

On the topic of conditions and care of those held on remand, it is not only a matter of compassion, ethics and humanity, but also consideration for the impact this time has on this person, their loved ones, and how they re-enter society as and when. It does not serve any of us well to damage someone's mental health, or destroy their practical lives beyond repair for when they return to civilian life, whether that's following a custodial sentence or having been found innocent. If anything, that is likely to lead to a downward spiral.

Written evidence from an Independent Advisory Panel on Deaths in Custody: The role of adult custodial remand in the criminal justice system from 2022, published by Parliament, writes: "People in prison held on remand are a particularly vulnerable group. The remand population is increasing, as is the length of time that people are held on remand. Even short periods in custody can drastically impact family relationships, employment and housing."

It continues to highlight that: "People on remand have the highest rate of self-inflicted deaths in prisons."

It is no secret that the conditions our prisons are in, is untenable. In July, Rishi Sunak was warned by senior civil servants that the overcrowding crisis 'risked breaching legal responsibilities', resulting in Labour's decision to release around 1,750 former offenders early, in September.

Meanwhile, I was able to visit HM Prison Wormwood Scrubs in West London myself in November. The famous penitentiary has hit the headlines on numerous occasions recently, and for all the wrong reasons. The proliferation of drugs and violence, staff shortages, can be found in a litany of newspaper articles across the Internet. Indeed, last year, The Independent detailed that "Between 2021 and 2022, six deaths were reported in custody, with three of those described as self-inflicted." They also went into detail about the state of the prison, the quality of the food, levels of violence and more. They are not alone in reporting these issues.

Working together for better outcomes

I do not flatter myself that I have all the answers. However, as I reflect on my duty, and indeed dedication, to a role as one of the Lord Mayor’s representatives at the Old Bailey, I do think that there is some small opportunity to bring together minds that are more informed than my own to help set things on an improved trajectory.

For example, I have recently had the pleasure of meeting the team at StandOut, an award-winning charity that empowers people to make positive change, realise their potential, and rebuild their lives after prison. I think that they, alongside many other passionate people, have the understanding, vision, humanity, and mindset, that combined the rigours of government and machinations of the legal system, can help drive the conversation towards improving the experience of those accused of a crime and awaiting trial.

If we can do that, then I believe wholeheartedly, that we can also improve experiences and outcomes for victims and society as well.