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Remand Prisoners

Remand prisoners are unsentenced and held in custody prior to and during their trial on criminal charges. This is to ensure that they are present for their trials, and happens when prisoners have not applied for bail, have been refused bail, cannot meet bail or provide a surety, or are unable or unwilling to meet the conditions set out in the bail bond.

The difference between sentenced and remand prisoners is defined in the United Nations International Covenant on Civil and Political Rights (1996). Accommodating remand prisoners separately from sentenced prisoners and minimising the restrictions on these prisoners are standards set by the United Nations.

Remand prisoners are innocent until proven guilty, and the law does not consider their confinement as a punishment. Therefore remand prisoners are treated with the minimum of restrictions that still enable prisoner safety and good order, security and management of the prison.

Remand prisoners are afforded the maximum flexibility, including increased access to visitors and telephone calls, in order to access:

• legal advice and representation
• access to legal resources including a legal library
• access to bail.

Remand prisoners are offered the opportunity to work, but are under no obligation to work. Where appropriate, remand prisoners are allowed to wear their own clothing, or if this clothing is unsuitable or poses a security risk, they are issued with clothing.