Can a convicted prisoner be held on remand?

The regime for remand prisoners awaiting trial are different to those of convicted prisoners. Although these prisoners should be held separately, often a person awaiting trial on remand will share a cell with a convicted prisoner. • Access to facilities to seek release on bail and to prepare for trial.

How does time spent in custody count for a remand?

The amount of time remand prisoners spend in custody can vary widely, depending largely on the time it takes to prepare evidence for the trial. If the remandee is eventually convicted, the time spent remanded in custody may count towards the sentence served.

Why does a remand increase the likelihood of a conviction?

Remand (detention) Research on pretrial detention in the United States has found that pretrial detention increases the likelihood of convictions, primarily because individuals, who would otherwise be acquitted or have their charges dropped, enter guilty pleas.

What does it mean when a person is on remand?

Until a prisoner is sentenced, in theory they should be treated as innocent until proven guilty. Most of those in custody on remand have been remanded and are awaiting trial, they have not been convicted of a criminal offence. Judges Remand is when a prisoner has been convicted and is waiting to be sentenced.

What happens to time spent on remand in jail?

The time also spent on remand, could be taken off by the judge at sentencing should the individual be found guilty at trial. This time will be taken into consideration by the judge once they pass sentence. If a person is convicted and remanded in custody until a sentencing hearing this is known as ‘Judges Remand’.

What happens if you get remanded in custody in Victoria?

If the remandee is eventually convicted, the time spent remanded in custody may count towards the sentence served. If a remandee receives a sentence at trial, they will be assessed by the Sentence Management Unit of Corrections Victoria and transferred to a suitable prison.

Can a person who is on remand be convicted?

The majority of prisoners on remand have not been convicted of a criminal offence and are awaiting trial following a not guilty plea. A person who is on remanded in a prison is not treated as a convicted prisoner, as they have not yet been found guilty of any offence.