Regulating England and Wales’ criminal justice detainee transport system: The responsibility gap

Transport facilitates flows of detainees into and through contemporary criminal justice detention, connecting distinct police, court and prison institutions, but has received limited scholarly attention. We analyse England and Wales’ detention transport system and identify a responsibility gap at institutional transfer points: where regulatory functions and staff responsibilities became obscured and confused. First, we map the detainee transport system, laying the foundations to illustrate how the responsibility gap develops between police, court and prison institutions. Then, we outline the four components of the responsibility gap and show how they contribute to negative impacts for detainees. These components are: regulatory blind spots; unclear communication and responsibilities; contrasting priorities; and deviation from guidelines. In so doing, we provide a valuable line of sight and original empirical data illuminating the previously largely invisible detainee transport system and its regulatory challenges.