2
REMAND
2 Remand
A prosecutor may, under certain circumstances, request
a court to detain a person on remand who is suspected
of a crime or has received a custodial sentence. This section begins with a brief description of the regulations
governing remand prisons. This is followed by a description of the Prison and Probation Service’s remand prison
operations. Finally, the section contains a description of
certain fundamental rights that an inmate has, such as
the right to associate with other inmates during the day
and in which situations this right can be limited.
2.1 Preconditions to being held on remand
A person can be held on remand if he or she is suspected with probable cause of a crime for which a custodial
sentence exceeding one year is prescribed. For a remand
request to be permitted by a court, there must – with regard to the nature of the crime, the suspect’s particular
circumstances or any other relevant circumstances – be a
risk that the suspect
1. avoids or in any other way evades legal proceedings
or punishment,
2. destroys or tampers with evidence or in any other
way complicates the investigation of the case, or
3. continues their criminal activities.
Furthermore, there is a provision regarding being held on
remand for more serious crimes. The provision states that
a person must be held on remand if he or she is suspected
on probable cause of a crime for which no lesser punish-
ment than a custodial sentence of two years is prescribed. However, the suspect should not be held on remand
if it is obvious that the requirements for being held on
remand are lacking (the two-year rule). In considering a
remand request, a court must additionally determine that
the reasons for holding a person on remand outweigh the
intrusion the measure entails for the suspect or for any
other opposing interest. If this is not the case, a request
for remand must not be permitted by a court. Nor may
remand be imposed if it can be presumed the suspect will
only be sentenced to a fine (chap. 24 § 1 RB).
It is also possible to hold a suspect on remand – regardless of the crime – if he or she does not wish to be identified or if the suspect is not resident in Sweden and there
is a risk of flight. Furthermore, it is possible in certain
cases to hold a person on remand who is suspected on
reasonable grounds of a crime (chap. 24, §§ 2 and 3 RB).
When considering a request for remand, a court must
also take into account, inter alia, the suspect’s age and
state of health. If, with regard to old age for example, there is a risk that remand prison would result in serious
harm to the suspect, remand is then only appropriate if
it is clear that satisfactory surveillance or monitoring of
the suspect outside of a remand prison cannot be arranged. The same applies to a woman who has given birth so
soon before a request for remand that remand may then
risk causing serious harm to the child (chap. 24, § 4 RB).
A suspect under the age of 18 can only be held on remand on special grounds (§ 23 LUL).
– 16 –
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