There are two major categories of prisoners: sentenced prisoners and those on remand. This fundamental distinction is from the United Nations International A formal, written agreement that creates a legal obligation, in a deed or on a certificate of title. For example, a property developer might add a covenant to every block of land in a subdivision to stop anyone building a house there unless it is made of brick. on Civil and Political Rights (1966).
Unsentenced prisoners – also known as remand prisoners – are held in Lawful control over a person which prevents them leaving. A person under arrest is in police custody and is not free to go. A person in prison is serving a custodial sentence that keeps them confined to the prison grounds. before their trial on criminal charges; in strict legal theory, remand prisoners are only held to A binding promise made as reassurance that another person will carry out their legal obligations (e.g. paying a debt). The person making the promise is called a guarantor. If the person being guaranteed fails to pay, the guarantor becomes responsible for the debt. that they are present for their trials; the law does not regard their imprisonment as punishment.
Remand prisoners have either not applied for The procedure that allows a person who has been charged with an offence to be released from police control or prison until the hearing of the case. Courts can add conditions to bail. For example, they can require that people released on bail promise to come to the court on a set date, or put up an amount of money that they cannot get back if they do not appear as they promised. See also undertaking., or have been refused bail, or cannot meet the bail set or provide the necessary In criminal law, a person who promises a court that an accused person released on bail will attend court on a hearing date. If the accused person does not attend court, the surety must pay the court the amount of money stated in the bail documents. Also referred to as the guarantor. The sum of money payable if there is a breach is also referred to as the surety., or are unable or unwilling to meet the bail conditions (see Chapter 3.6: How bail works).
Remand prisoners are considered to be innocent until proven guilty and ‘must be treated in a way that is appropriate for a person who has not been convicted’ (s 22(3)). Although, prisoners and remand prisoners are both referred to as ‘prisoners’ in the Corrections A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation., which does not provide for different standards of rights for both groups. However, remand prisoners are subject to fewer restrictions than sentenced prisoners.
However, the rights and restrictions placed on remand prisoners are subject to the minimum restrictions that ensure the prisoners’ safety, and the good order, Money or property promised to be handed over as a guarantee for repayment of a loan, or as a guarantee that a defendant will meet their bail conditions. and management of the prison.
The UNICCPR provides that remand and sentenced prisoners should be held in separate facilities. The Charter also requires that remand and sentenced prisoners be separated and may only intermingle where ‘reasonably necessary’ (s 22(1)).
Where practicable, remand prisoners are held in special remand facilities or in different sections of prisons from the sentenced prisoners. In practice there may be a degree of intermingling between remand and sentenced prisoners, especially when the prison system is overcrowded. Intermingling can also occur, as appropriate, in specialist prison units (e.g. units for young adults and vulnerable prisoners) to cater for the needs of the individual prisoner.
Also, a notable difference between sentenced and unsentenced prisoners is that unsentenced prisoners may wear their own clothes (provided the clothes meet the prison’s requirements) or they can elect to wear prison clothing (s 47(1)(e), (d) Corrections Act).
Sentenced prisoners are either serving sentences imposed by the courts or are imprisoned because they have not paid their fines. There are also prisoners who have been convicted and sentenced who are awaiting appeals and have been refused bail, as well as prisoners who have been convicted but not yet sentenced.
Sentenced prisoners must wear prison clothing. The clothing provided must be suitable for the climate and for any work undertaken by the sentenced prisoner (s 47(1)(d) Corrections Act).
Prisoners’ own clothing and other items taken from them during reception (see ‘Reception’, below) are held by the prison authorities. Under the Corrections Regulations, prison authorities can refuse to store clothing and personal effects for health reasons, or due to the nature and quantity of the items. In dealing with a prisoner’s Any property that is not freehold land (real property)., prison staff must follow specific requirements. Stored items must be returned to the prisoner when they are released.