Comparative Analysis of Iranian and English Criminal Policies on Pretrial Security Measures with Emphasis on Non-Custodial Measures

Abstract

The present study aims to conduct a comparative analysis of the criminal policies of Iran and England in the domain of pretrial security measures, examining the theoretical foundations, judicial structures, policy models, implementation strategies, and the social, cultural, economic, and international impacts of these two legal systems. This research employs a descriptive–analytical method and is based on library sources, legal documents, and case studies. In the research procedure, data related to legislation, judicial practices, and criminal policies of both systems were first collected and subsequently analyzed from philosophical, legal, social, cultural, economic, operational, and international perspectives. The findings indicate that the Iranian system, characterized by a security-oriented approach rooted in Islamic jurisprudence and traditional values, operates effectively in serious crimes; however, in minor offenses it faces inefficiency, economic inequality, and violations of the presumption of innocence due to the extensive use of pretrial detention and the imposition of excessive bail. In contrast, the English system, adopting a liberty-oriented approach grounded in liberal philosophies and human rights standards, employs modern supervisory instruments such as electronic monitoring and restorative justice programs, which have contributed to reducing unnecessary detention and improving rehabilitation, although economic inequalities remain a significant challenge. The results demonstrate that structural differences in orientation (security-oriented versus liberty-oriented), policy focus (deterrence versus rehabilitation), and strategic instruments (traditional tools versus modern mechanisms) between the two systems exert a profound impact on the effectiveness and fairness of pretrial security measures. Case studies, including a minor theft case in Iran (2018) and the application of electronic monitoring in England (2018), illustrate the inefficiency of pretrial detention in Iran and the success of modern instruments in England. Proposed statistical data further suggest that 60% of defendants accused of minor offenses in Iran remain in detention due to inability to post bail, whereas electronic monitoring in England has reduced pretrial detention rates by up to 30%. The study’s recommendations include strengthening judicial oversight, expanding modern supervisory tools, reforming legislation to reduce inequalities, promoting restorative justice, adopting a liberty-oriented model, and enhancing international cooperation. These recommendations, formulated with due regard to Iran’s local conditions and informed by the experience of England, contribute to improving efficiency, justice, and alignment with international standards within the Iranian judicial system.