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Prison Audit

Understand who is in prison – and why.

Case-level and institutional analysis identifying drivers of overcrowding, excessive pre-trial detention and opportunities for lawful release or alternatives.

A prison complex seen from above: long cell blocks beside a radial wing.
Behind the headline population figurePrison Audit

Where it looksPrisons and pre-trial detention

  1. Police
  2. Prosecution
  3. Courts
  4. Prisons
  5. Legal aid
01Produces
Identification of persons eligible for release and policy recommendations
02Scope
Prisons and pre-trial detention
03Timeframe
Scoped to each assignment
04Builds on
Case-level and institutional records
01Questions

The questions it is built to answer.

The answers come from individual case files as well as institutional returns – so release recommendations rest on evidence the institutions recognise.

  1. Who is in prison – and what is their legal status?

  2. Which prisons have the highest proportion of unsentenced detainees?

  3. How long are people held on remand?

  4. Who is eligible for lawful release or an alternative to custody?

  5. What is driving overcrowding?

  6. Are alternatives to custody and early release mechanisms being used?

02How it works

Look behind the headline figure.

Who is held → with what legal status → for how long → why → who can lawfully be released.

Prison overcrowding can reflect pressure elsewhere in the justice chain: slow investigations, delayed hearings, limited legal aid or unused alternatives to custody. A Prison Audit looks behind the headline population figure to establish who is held, with what legal status, for how long – and why.

The analysis works at case and institutional level. It identifies people eligible for lawful release or an alternative to custody, for referral to the courts, and policy measures that could reduce recurring pressure on prisons.

National researchers and practitioners work with the institutions concerned to verify findings and develop release and policy recommendations. The institutions concerned are involved in validating the evidence.

Step by step

  1. Step

    Profile the population

    Disaggregated by status, case type, gender, age and time in custody.

  2. Step

    Trace the drivers

    Follow cases back through police, prosecution and courts.

  3. Step

    Identify eligibility

    People who can lawfully be released or diverted to alternatives.

  4. Step

    Recommend policy

    Measures to reduce excessive pre-trial detention over time.

03What it examines

What it examines.

Measured case by case and institution by institution, then set against the rest of the justice chain.

  • Prison population (disaggregated)
  • Capacity and infrastructure
  • Case types and legal status
  • Length of pre-trial detention
  • Human and material resources
  • Alternatives to custody and early release mechanisms

Where the pressure on prisons comes from

  1. Police

    Slow investigations

  2. Courts

    Delayed hearings

  3. Legal aid

    Limited legal aid

  4. Sentencing

    Unused alternatives

  5. Prisons

    Overcrowding

04What you receive

What you receive.

  1. 01Core output

    Persons eligible for release

    Case-level identification of people eligible for lawful release or alternatives to custody.

  2. 02

    Prison population profile

    The population disaggregated by status, case type, gender, age and length of detention.

  3. 03

    Drivers of overcrowding

    Where pressure on prisons originates across the justice chain – and why.

  4. 04Core output

    Policy recommendations

    Practical measures to reduce excessive pre-trial detention and overcrowding.

05In practice

From case files to lawful release.

>50%

Of the unsentenced persons identified as eligible in three Malawian prisons were released by the courts as a direct result of the Prison Audit.

Interviewed
1,067
remand prisoners
Maula · Kachere
66%
eligible for release
Mzuzu
55%
eligible for release
Malawi · Prison Audit · 2023

Maula | Kachere897 remand prisoners interviewed

66%eligible for releaseNamed lists submitted to the courts

9%indicated guilty pleas15 youth under 21 · 2 women · 63 adult men

Mzuzu170 remand prisoners interviewed

55%eligible for releaseNamed lists submitted to the courts

17%indicated guilty pleas3 youth under 21 · 3 women · 23 adult men

Grounds for release · named prisoners

  • Maula | Kachere
  • Mzuzu
  • Bail as of right 22 Maula | Kachere 17 · Mzuzu 5
  • Bail granted by lower court 154 Maula | Kachere 135 · Mzuzu 19
  • Overstayed minor offence 48 Maula | Kachere 34 · Mzuzu 14
  • Overstayed serious offence 471 Maula | Kachere 406 · Mzuzu 65
View the data
Malawi: remand prisoners eligible for release, 2023
MeasureValue
Maula | Kachere: remand prisoners interviewed897
Maula | Kachere: eligible for release66%
Maula | Kachere: indicated guilty pleas9%
Maula | Kachere: guilty pleas, youth under 2115
Maula | Kachere: guilty pleas, women2
Maula | Kachere: guilty pleas, adult men63
Mzuzu: remand prisoners interviewed170
Mzuzu: eligible for release55%
Mzuzu: indicated guilty pleas17%
Mzuzu: guilty pleas, youth under 213
Mzuzu: guilty pleas, women3
Mzuzu: guilty pleas, adult men23
Bail as of right: Maula | Kachere, youth under 214
Bail as of right: Maula | Kachere, adult general population13
Bail as of right: Mzuzu, adult general population5
Bail granted by lower court: Maula | Kachere, youth under 2112
Bail granted by lower court: Maula | Kachere, adult general population (incl. 2 women)75
Bail granted by lower court: Maula | Kachere, adult homicide-charged population48
Bail granted by lower court: Mzuzu, youth under 211
Bail granted by lower court: Mzuzu, adult general population (incl. 2 women)18
Overstayed minor offence: Maula | Kachere, youth under 216
Overstayed minor offence: Maula | Kachere, adult general population28
Overstayed minor offence: Mzuzu, youth under 211
Overstayed minor offence: Mzuzu, adult general population13
Overstayed serious offence: Maula | Kachere, youth under 2117
Overstayed serious offence: Maula | Kachere, adult general population (incl. 6 women)174
Overstayed serious offence: Maula | Kachere, adult homicide-charged population215
Overstayed serious offence: Mzuzu, youth under 216
Overstayed serious offence: Mzuzu, adult general population59
Fig. 04 – Majority of remand prisoners eligible for releaseMalawi Prison Audit, 5 June – 29 September 2023