324, Clarification was also requested concerning provisions governing immediate care orders issued by the police; the difference between the justifications for a detention order based, respectively, on “reasonable suspicion”, “probable cause” and “reasonable grounde“f reasons for detention other than criminal chargeer reasons for placing juvenile offenders together with adult offenderer and remedies available uuder the new legislation on psychiatric treatment. Members also wished to know why an alien, unlike a citieen, could be detained for up to three days after having been taken into custody: whether there had been any cases of imprisonment on grounds other than criminal offences; for what length of time a court could authorise s prolongation of detention on remand: how soon after arrest a person could contact a lawyer; and why the judicial authority did not grant bail. 325. In his reply, the representative of the State party said that since the adoption of new amendments to tbe Code of Judicial Procedure, the total time in detention, from the provisional decision until a final decisicn was reached, had decreased and that more than 90 per cent of all cases of provisional detention had been examined by a judge within three days. On the other hand, many judges, prosecutors, defence lawyers and policemen felt that the quality of the investigative material available to the examining judge had deteriorated since less time was available to prepare it. 326. The use of the term “reasonable euspic~on” to replace “p?,obable came” or “reasonable grounds” had not caused major diSferences in the number of detentions on remand but only in the speed with which decisions were taken. There was, however, a risk of abuse, and Parliament would keep the application of the provision under review. Certain prerequisites had to be met for legal counsel to be provided to aliens in detentioni however, the three-day period The period of custody was sometimes lees, and when an was a maximum. expulsion order was issued legal counsel was always provided. The only difference in the treatment of Swedes and aliens with respect to detention on remand arose when an &lien had no place of residence in Sweden, particularly in cases of attempts to enter Sweden unlawfully. In such situations, aliens had to be taken into custody to prevent them from going into hiding, Pre-trial detention for 14 days was provided for under the 1989 Act on Terrorists, with the possibility of requesting a decision on further detention provided there were strong grounds and after a hearing on the matter. 327. Turning to other questions, the representative of the State party explained that since very few people would have sufficient means to pay bail, the institution of a bail system would be considered by Swedish society as an infringement of citieene’ right to equality before the courts. On the other hand, if the person involved agreed, he or she might not be subject to detention on remand but might simply have to remain in the town and report to the police at certain intervals. With regard to tbe prolongation of detention on remand, tbe general rule wa6 that, although possible, it should be avoided. The deadline for presentation of charges by the prosecution was specified by the judge ordering the detention on remand, but the usual deadline was two weeks, Under normal circumstances, the regulations concerning detention on remand provided specifically that if a prisoner wished to do so, he was free to mingle with other prisoners in the same place of detention. -6O-

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