Baroness Chakrabarti

There is no centrally collated statistical data available on the number of individuals currently remanded in custody for their own protection or welfare under the Bail Act 1976, or how many individuals have been remanded in custody for their own protection or welfare in the past year. To obtain this information would exceed permitted costs.

The court’s decision to remand an individual in custody for their own protection or welfare is used as a last resort and out of concern for the defendant, where circumstances are such that a defendant would come to harm if released into the community and there is no other suitable option available to the courts.

The Mental Health Bill was introduced to Parliament in November 2024 and has now completed Third Reading in the House of Commons. It includes a reform to end the use of remand for own protection under the Bail Act where the court’s sole concern is the defendant’s mental health. To support implementation of the reform, we are working with partners to collect data on cases where concerns around mental health are the only reason this power is used.