the police authority 19 Individuals held on remand in police custody facilities Following a decision to hold an individual on remand, the individual must then be taken to a remand prison without delay. If it is of exceptional importance that the individual on remand is held at another location during the criminal investigation into the offences they are suspected of, a court may, upon a prosecutor’s request, order the individual held on remand not to be placed in a remand prison for the time being. After an individual held on remand has been brought to a remand prison has been taken to a remand prison, a court or prosecutor may decide that the he or she should be taken to a place other than the remand prison for questioning or other measures.2 In the Parliamentary Ombudsman’s view, the transportation from a police custody facility to a remand prison should, as a rule, take place on the same day as when the remand order is made. In exceptional cases, it may be acceptable for the transportation to be delayed until the following day.3 During the inspection of the police custody facility in Borlänge, it emerged that the Police Authority had to use the police custody facility in Mora as a temporary remand prison because the remand prison in Falun was fully occupied. An individual on remand was held in the police custody facility in Mora for thirteen days while waiting for a place in a remand prison. At the time of the inspection, a further six individuals on remand were held in the police custody facilities in Borlänge and Mora. In none of the cases had the court or prosecutors decided that they should be placed in police custody. The fact that the individuals had been placed in police custody had no connection with the need for investigative measures, but was because the Prison and Probation Service lacked the capacity to accept them in the agency’s remand prisons. Following the inspection, the Parliamentary Ombudsman stated that it is not in compliance with the legislation that individuals deprived of their liberty have to be held in police custody facilities and that it is unacceptable to be kept there in situations where it should not occur, without a decision from a court or prosecutor. The Parliamentary Ombudsman further emphasised that individuals on remand being held in police custody facilities has direct negative consequences for individuals on remand as the physical conditions for satisfying their rights and needs are lacking. During the inspection, the head of the police custody facility stated that he intended to review what measures the Police Authority could take to reduce the negative consequences for individuals on remand who were held in the police custody facility, which was welcomed by the Parliamentary Ombudsman.4 2 See Chapter 24, Section 22, first and second paragraphs of the Code of Judicial Procedure. 3 See the Parliamentary Ombudsmen 2016/17 p. 159, ref. no. 3315-2014. 4 See the Parliamentary Ombudsmen’s report p. 7, 8, 14 and 15, ref. no. O 13-2019. Placing individuals deprived of their liberty in police custody facilities due to lack of space in the Prison and Probation Service’s remand prisons is not in compliance with the legislation