Flight risk in pre-trial (detention) proceedings. Contrasting applications in the Member States of the European Union

• In Event: Sentencing 7. Emerging Issues in Sentencing Research

Abstract

In this contribution we present results of an analysis of the use of ‘flight risk’ (or the risk of absconding) as a criterion within pre-trial (detention) proceeding. These results come from a regional research (as part of the EU-funded Flightrisk-project, coordinated by Fair Trials), in which we used two data collection methods: a literature review and a survey via a open-ended questionnaire, that was completed by correspondents in the 27 EU countries.
Our study is consistent with previous research findings regarding differences in the use of these criteria between EU Member States (predominance of flight risk over recidivism, and vice versa - but also regional differences within the same jurisdiction/country). In general, it seems that pre-trial detention decisions based on the risk of flight are mostly not motivated substantially. The factors used to determine/justify flight are the seriousness of the offence, the estimated sentence severity, the suspect’s residency status or nationality, his/her mobility (assessed based on past or future travel possibilities), and the elements that 'tie' the suspect to the country (family, professional occupation, etc.). In other words, there is a combination of elements from the past and the future, without it always being possible to determine whether one or the other perspective predominates.
The situation of foreigners is specific and locally problematic. In some countries, they are over-represented in pre-trial detention statistics, generally because they are treated differently in criminal proceedings.
The results of our research not only confirm previous findings but also show new developments in knowledge about pre-trial detention. As such, some few studies offer a critical analysis of the development of assessment tools that could be used in the future to objectify the risk of flight.

Authors

• Alexia Jonckheere, National Institute of Criminalistics and Criminology

• Eric Maes, INCC - Institut National de Criminalistique et de Criminologie