The Period of Remand and the Treatment of Prisoners Awaiting Trial
| Published date | 01 September 1979 |
| Date | 01 September 1979 |
| DOI | 10.1177/000486587901200301 |
| Subject Matter | Editorial |
ALTST
&NZ J()URNAL
()F
CRIMIN()L()GY (September 1979) 12 (129-131)
EDITORI~.c\L
The Period of Remand and the Treatment of Prisoners Awaiting Trial
129
The problems
posed
by persons charged with an offence, or offences, and
ordered to
be
remanded
in custody prior to trial are now being considered and
debated. In general terms it is accepted that such persons, and also those
awaiting sentence, are to
be
distinguished from individuals serving sentences of
imprisonment. The International Covenant on Civil and Political Rights states:
"Accused persons shall, save in exceptional circumstances,
be
segregated from
convicted persons and shall be subject to separate treatment appropriate to their
status as unconvicted persons" (Article 10, 2(
a».
The United Nations Standard Minimum Rules for the
Treatment
of Prisoners'
sets out their recommendations as Rules 84 to 93 whilst in a Discussion Paper
entitled Minimum Standard Guidelines for Australian Prisons- the
recommendations for the "untried prisoner" are set out in recommendations 79
to 88. The United Nations
and
the Australian recommendations include the right
for the "untried prisoner" to have their food procured wholly
at
their own
expense
from
the outside; shall always be offered' opportunity to work. . . if they
choose to work they shall be paid for it; shall
be
given the opportunity of being
visited and treated
by
their own doctor or dentist.
..
and they
are
able to pay;"
and given all reasonable facilities, including access to telephones, for
communicating with families, friends
and
others. These recommendations
impress as being
both
reasonable
and
"modern". They are, in fact, far removed
from
beingdescribed
as "modern".
However, in Victoria the position regarding the "untried prisoner" is tersely set
out in the Social Welfare Regulations (1962) where it is stated that: "Prisoner"
means any person in custody in any prison irrespective of the cause of such
detention (Div III Pt 1(2».
In Part XIX there are four regulations concerned with prisoners awaiting trial
or not convicted of a crime. These four Regulations hardly measure up to the
recommendations of the United Nations or the Australian Guidelines. It should
be
noted that Challmger' indicates that in Victoria the present arrangements fall
short of the recommendations but the position is, in reality,
rather
worse than he
states. It is, of course, admitted that a great deal depends upon interpretation of
the recommendations.
For
example, what is meant by access to telephones? and
what is meant
by
clean and suitable clothing?
Blackstone" wrote that "imprisonment on remand is only for safe custody, and
not for punishment: therefore, in this dubious interval
between
the commitment
and trial, a prisoner ought to be used with the utmost humanity; and neither be
loaded with needless fetters, or subject to other hardships than such as are
absolutely requisite for the purpose of confinement only; though what are so
requisite, must too often be left to the discretion of the gaolers
...
"6
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