2
REMAND
Prior to the meeting the Parliamentary Ombudsmen
had with representatives of the Prison and Probation
Service in March 2019, the Parliamentary Ombudsmen
requested that the Prison and Probation Service provide
information on how many of the inmates in the country’s remand prisons on 7 February 2019 were subject to
restrictions. According to the Prison and Probation Service, there were – based on preliminary statistics – 2,215
inmates in remand prisons on that date. Of these, 1,914
were held on remand and a total of 1,068 inmates had
some form of restriction imposed. This means that 56
per cent of inmates held on remand, or 48 per cent of all
inmates, had restrictions imposed upon them.8
2.5 The Prison and Probation Service can
deny an inmate the right of association
with other inmates
As stated above, an inmate – except when a prosecutor
has imposed restrictions – can also be denied association
rights if he or she is to undergo a body search or is placed
in a different custodial room or facility than in a remand
prison and, as such, there are no practical conditions allowing for association (chap. 2, § 5 1 and 3 HäL). A court
is able, in certain cases and upon a prosecutor’s request,
to decide that an inmate should be placed in a facility
which is not a remand prison (chap. 24, § 22, second paragraph RB).
Finally, the Prison and Probation Service can decide
to limit an inmate’s right of association. Such a decision
on segregation may be taken if deemed necessary due to
safety and security reasons (chap. 2, § 5, 2 HäL). It can
be necessary, for example, to keep an inmate segregated
8
See the Parliamentary Ombudsmen’s report dnr O 7-2018 pp. 2 and 3.
from other inmates due to a risk of escape or if an inmate
is violent or under the influence of drugs.9 Similar provisions are found in the Prisons Act. Unlike the Remand
Prisons Act, the Prisons Act stipulates that decisions on
segregating an inmate must be reviewed with a degree of
regularity.10
Segregation in accordance
Prior to the meeting
that the Parliamenta- with the Remand Prisons
ry Ombudsmen had Act needs not be reviewed
with representatives
within a specific time
of the Prison and Probation Service in March 2019, the Parliamentary Ombudsmen requested that the Prison and Probation Service provide information on how many inmates in the
country’s remand prisons were placed in segregation on
7 February 2019. The Prison and Probation Service stated that it is not possible to obtain such information from
the agency’s digital system.11
9 See prop. 2009/10:135 p. 186.
10 See chap. 6, § 7 of the Prisons Act, which states that a decision to keep an
inmate in segregation due to the risk of escape must be reviewed as often as there
is reason to do so, but at least every ten days. Furthermore, it follows from the
same law that an inmate who is violent or drunk can only be kept in segregation
temporarily.
11 See the Parliamentary Ombudsmen’s report dnr O 7-2018 pp. 2 and 3.
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