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.
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