Pre-trial detention as a last resort measure? When the last shall be the first

Abstract

This study delves into the profiles of individuals awaiting trial in Portugal, examining their sociodemographic, clinical and criminal backgrounds to elucidate the factors influencing pre-trial detention decisions. Analysing a cohort of 198 individuals (78.3% men), our findings challenge common assumptions, revealing that the majority of pre-trial detainees exhibit a low propensity for violence, often facing non-violent charges. Notably, the study contradicts the prevailing belief about leniency towards women, as female detainees, primarily first-time offenders with non-violent charges, reported lower violence risk, higher levels of familial support and higher rates of employment at the time of detention. Additionally, the research identifies key variables associated with a higher risk of violence among pre-trial detainees, emphasising age, prior convictions and recent remand status. These results underscore the imperative for early interventions tailored to this high-risk group. Overall, this work contributes crucial insights, prompting a reconsideration of pre-trial measures and advocating for more nuanced approaches in cases where less severe alternatives may be warranted.