Commissioner’s Requirements

Remand Prisoners
Section / 2. Prisoner Management
CR Number / 2.3.8 / Current Issue Date / July 2016
Legislation & Policy / Corrections Act 1986
Corrections Regulations 2009
Charter of Human Rights and Responsibilities Act 2006
Correctional Management Standards for Men’s Prisons in Victoria
Standards for the Management of Women Prisoners in Victoria
Occupational Health and Safety Act 2004
Standard / Prisoner Management – Remand Prisoners
Attachments / Nil
Forms / Nil

1PURPOSE

To define the considerations and procedures for managing remand (unconvicted) prisoners in Victoria.

2REQUIREMENT

Prison staff will, where possible, manage remand prisoners differently from sentenced prisoners, and in a manner which acknowledges their legal status and the presumption of innocence until proven guilty.

3GUIDING PRINCIPLE

Remand prisoners are subject to fewer restrictions than sentenced prisoners, provided that the conditions under which they are managed do not adversely affect the good order, security and management of the prison and the safety of the prisoner.

4CONTEXT

The presumption of innocence until proven guilty is a legal principle that is expected to be reflected in prison management practice, both internationally (the United Nations Standard Minimum Rules for the Protection of Prisoners – the ‘Nelson Mandela Rules’) and nationally. As such, there are various Standards and State legislative requirements that exist to protect the rights of unconvicted prisoners and encourage their differentiated management while not serving a sentence of imprisonment.

5MANAGEMENT OF REMANDED PRISONERS NOT ALSO SERVING A SENTENCE OF IMPRISONMENT

Prison managers will:

  • ensure that staff are aware of the difference in legal status between remand and sentenced prisoners, and the importance of differential treatment (in line with this Commissioner’s Requirement) where appropriate;
  • consider all options to separate remand prisoners from sentenced prisoners,except where reasonably necessary. For prisons that accommodate both remand and sentenced prisoners, separation may be achieved through the placement of remand prisoners in designated units or areas. However, it is noted that with the exception of designated remand facilities, separation is usually not practicable where:
  • prisoners are attending key services or activities such as health provision and visits;
  • prisoners are participating in group activities such as industries, program delivery, education, or recreation, and it is not feasible to provide duplicate activities for remanded and sentenced prisoners;
  • prisoners are placed in specialised units such as those which cater for a particular prisoner profile (e.g. management units or units which accommodate prisoners with a cognitive impairment) or clinical need (e.g. medical inpatient wards or forensic mental health units);
  • there is insufficient designated remand accommodation; and
  • a remand prisoner requests to be accommodated with a sentenced prisoner and the placement is assessed as suitable.
  • allow remand prisoners to wear their own clothing where they do not mix with sentenced prisoners and where it does not impact on the safety and security of the prison;
  • issue remand prisoners with prison issued clothing where their own items are unsuitable or where otherwise required on security grounds;
  • encourage (but not require) remand prisoners to work, subject to the completion of foundation OH&S training, and ensuring that such prisoners are informed that they are not obliged to work;
  • permit increased personal visitor access, upon approval from the General Manager, especially where children under the age of 16 years are involved. This may be in the form of additional visit days, longer duration of visits, access to personal visits via video conferencing, or increased numbers of visitors on their Valid Visitor List (up to 15);
  • permit increased telephone access to facilitate calls to legal representatives;
  • permit eligible (i.e. not under the care of the Public Trustee or of unsound mind and incapable of understanding the nature or significance of voting) remand prisoners the ability to enrol and vote in State and Federal elections;
  • consider options for participation in various programs (including those which target offending related issues) and education courses that might be more suitable for indeterminate periods in prison custody; and
  • consider allowing remand prisoners additional time out of cell where the prison’s routine operating day allows for this to occur.

6MANAGEMENT OF ALL PRISONERS WHO HAVE LEGAL MATTERS PENDING (SENTENCED OR ON REMAND)

6.1Prison managers will:

  • permit visits (including via video conferencing) and telephone calls to their lawyers taking into account security requirements as required;
  • permit visits (including via video conferencing) with co-accused consistent with requests from police and security requirements (e.g. subject, potentially, to legal representatives also being present throughout the visit), and any consideration related to the administration of justice;
  • provide access to legal resources including the standard set of recommended legal texts as outlined in the Commissioner’s Requirement – Prison Libraries and Prisoner Access to Legal Resources;
  • where resources permit, provide access to equipment that allows evidentiary material provided in electronic formats to be viewed;
  • consider applications for in-cell computers where access to a computer will assist the prisoner in his or her preparation for trial, particularly where the prisoner is self-represented, the trial is complex, the hand-up brief is in electronic format or the charges are serious; and
  • where resources permit, provide access to photocopying, printing, and faxing services on a cost recovery basis.
  1. Remand prisoners accommodated in restricted regimes such as management and high security units are to have equitable access to the above listed resources for legal matters.

Jan Shuard PSM Commissioner

Information below this point is administrative supporting detail

only and not subject to Commissioner’s review or approval.

Acronyms
OH&S / Occupational Health and Safety
Definitions
Remand prisoner / An unconvicted prisoner who is not also serving a sentence of imprisonment.
Associated Commissioner’s Requirements
2.2.1 Sentence Management Manual
4.2.3 Prison Libraries and Prisoner Access to Legal Resources
4.3.2 Prisoner Voting
Document Detail
Title: / Remand Prisoners
Owner: / Senior Projects Manager, Operations Division
Version Control
Version / Date / Description
V1 / Jul-16 / First Issue

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Commissioner’s Requirement – Remand Prisoners