ABSTRACT
This chapter aims to critically review the literature on gender, bail and remand decision-making and therapeutic jurisprudence (TJ). The use of problem-solving courts (PSCs) has grown increasingly out of recognition that offending can be linked to social and chronic health needs. The research literature has tended to focus on sentencing neglecting one of the most important points in the legal process – the bail decision. This chapter considers whether TJ has the potential to improve women’s experiences of the bail and remand process and aid in reducing remand using Scotland as its focus. In addition, it explores the practical challenges of applying and implementing TJ principles and practices such as therapeutic bail models. It will be concluded that for women, TJ approaches, however well intentioned, can operate in a coercive and paternalistic way because of a lack of understanding of both its core concepts and of criminalised women’s lives and particular needs. Furthermore, any reductions in the female remand population are likely to be modest, due to the costs associated with implementing therapeutic bail models and similar initiatives.
