The two opposing concepts of " Remand " and " Innocent until proved guilty " are seeing more and more people locked behind bars waiting for trial - and this has jumped 11% since 1994.
There are two basic reasons for applying remand to a person accused of a crime. One is that the person is considered dangerous to others - and the other is that he or she is a flight risk. It seems that the police generally ask for remand as a matter of choice. It is their description of the supposed crime that the magistrate is asked to consider, and at no stage is the wait for justice taken into consideration.
It is not unusual for remanded prisoners to remain in gaol for well over a year, waiting to go to trial.
Trial preparations include the prosecutor preparing a brief of evidence and often this waits on laboratory reports from forensic evidence collected from the crime scene - and this could face very long delays.
The prisoner on remand is virtually serving a sentence, despite there being no conviction - nor the prisoner having had his or her day in court. The prisoner is under lock and key - is served gaol food - is strip searched every time they return from seeing a visitor or a solicitor - and freedom to exercise is strictly limited
In about thirty percent of cases, when the prisoner finally faces court - the decision is acquittal - but there is no apology for this time served, not any form of financial compensation. In other cases, the person may be convicted and the matter settled by way of a fine.
No consideration is given that this person has probably lost a job in an age when jobs are scarce - and time spent in prison can hardly help on a resume when a new job search begins. Prisons are grim places and apart from the danger of physical harm from others, the degradation of being behind bars can cause mental problems that persist for years.
There are calls for the remand laws to be overhauled. As the present system stands, the prisoner awaits the day when the prosecution indicates it is ready to proceed. This puts no pressure on either the police or the prosecutor to hurry the matter - or makes no demand on forensic laboratories to act within a time frame.
There are some cases where remand is essential, but in most others it should be a matter of remand having a very strict time limitation. People should not languish in gaol indefinitely. Once a remand time limit has been imposed the pressure is then on the police and the prosecutor to bring their case to trial - or see the remand prisoner walk free.
Justice delayed - is justice denied !
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