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Alleged offenders on remand are held in custody before and during their trial (on criminal charges) by order of a court. Generally, remandees will be held in special remand facilities and will have fewer restrictions placed on them than convicted prisoners.
An alleged offender is remanded in custody by a court if they:
- have not applied for bail;
- have been refused bail;
- cannot meet bail or provide a surety
- are unable or unwilling to meet the conditions set out in the bail bond
Remanding an offender in custody ensures that the alleged offender attends their trial.
Rights and restrictions
Remandees are unsentenced and are innocent until proven guilty. The law does not regard their confinement as punishment. Therefore, remand prisoners are given maximum flexibility within their security rating and have fewer restrictions placed on them than convicted prisoners. Remand prisoners are treated with the minimum of restrictions that still ensure prisoner safety and good order, security and management of the prison.
- are held separately from convicted prisoners, when practicable
- have increased access to visitors and telephone calls to access legal advice and representation
- have access to legal resources including a legal library
- are permitted to wear their own clothing if appropriate with their security rating
- are offered the opportunity (but are not obliged) to work
The difference between the treatment of sentenced and remand prisoners is defined in the United Nations Human Rights - Standard Minimum Rules for the Treatment of Prisoners (External link)
Remand prisoners are required to comply with prison processes and guidelines – read more about going to prison.
Read about the Remand Release Assistance Program, a pre-release program available for remand prisoners who identify a likelihood of being discharged directly from Court.
Time spent on 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.
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.