D.05 Remand Prisoners (National Policy)

Policy Standard

• Remand prisoners are contained in a fair, humane, safe and secure manner and are treated in a way that acknowledges their particular legal status.

Definition of Remand Prisoner

• Remand prisoner means: a prisoner detained only by reason of the fact he/she is awaiting trial or is on remand in custody during the trial or before sentence.

Definition of Accused Prisoner

• Accused prisoner means: a prisoner detained only by reason of the fact that he/she is awaiting trial or is on remand in custody during the trial. It does not include a prisoner who is on remand awaiting sentence.

Performance Standards for remand and accused prisoners

1. Remand and accused prisoners are contained in accommodation of the same standard as for convicted prisoners.
2. Remand and accused prisoners may wear their own clothing. However, the Prison Manager must require a prisoner (whether an accused prisoner or not) to wear clothing and footwear provided by the prison if the prisoner’s own clothing or footwear is-
   1. generally insufficient or unfit for use; or
   2. insufficient or unfit for a specific activity or work in which the prisoner is engaged.
3. Clothing (other than clothing that is issued for a specific activity or work) that is issued to a remand or accused prisoner must be distinguishable from clothing that is issued to other prisoners.
4. Remand and accused prisoners are provided with facilities to launder their clothes.
5. Remand and accused prisoners are given the opportunity to buy food and other items on a regular basis, providing it is compatible with the security of the prison.
6. Unless a medical officer directs otherwise on the grounds of health, safety, or cleanliness, the hairstyle and facial hairstyle of a remand or accused prisoner awaiting trial or during trial may be cut or shaved only to the extent necessary to preserve the appearance of that prisoner at the time of his or her admission to the prison.
7. Remand and accused prisoners must be kept separate from convicted prisoners as far as practicable in the circumstances.
8. Where the facilities available mean it is not possible to accommodate remand and accused prisoners in a separate identified unit and they are accommodated in the same unit as convicted prisoners, then the remand and accused prisoners must be managed under a separate regime, so as to keep them apart from convicted prisoners as far as practicable.
9. Where the Prison Manager believes there are exceptional circumstances justifying the mixing of a particular remand or accused prisoner with a convicted prisoner or prisoners, then an application must be made to GMPS for written approval for this to occur under regulation 186 (2).
10. As far as practical in the circumstances, two or more remand or accused prisoners who are awaiting trial and committed in the same case must not be permitted to communicate with each other.
11. The Prison Manager of a prison must ensure that visiting times for remand or accused prisoners are as flexible as possible.
12. Adequate and appropriate provision is made for remand or accused prisoners’ spiritual, cultural and religious needs.
13. Remand and accused prisoners have access to core reintegrative services.
14. Every effort is made to ensure all remand and accused prisoners’ property is transferred with the prisoner to and from Court, Police gaol, or Police station.
15. Adequate and readily available stationery supplies are provided to remand or accused prisoners for letter writing purposes.
16. Remand or accused prisoners must be given access to a telephone, free of charge, at all reasonable times, for the purpose of communicating with his or her legal adviser, or to arrange bail.
17. Remand or accused prisoners have the same hours of cell unlock as convicted prisoners.
18. On request, and where possible, work is provided for remand and accused prisoners.
19. Remand and accused prisoners are assisted in contacting and receiving visits from their legal advisers.
20. As far as practical in the circumstances, the Prison Manager must facilitate contact between a remand or accused prisoner and any adviser or assistant (other than another prisoner) helping the prisoner prepare his or her defence or plea.
21. Remand and accused prisoners have access to the Policy and Procedures Manual.
22. Unconvicted remand and accused prisoners are treated by staff in a manner that respects the presumption of innocence until proven guilty.
23. Visiting agencies are able to meet with remand and accused prisoners by appointment without unreasonable delay.
24. Brochures and information on bail and legal aid produced by other agencies are readily available to remand or accused prisoners.

Note: Remand and accused prisoners are unclassified, high security, segregated prisoners.