A person who is alleged to have committed an offence may be held in custody on remand before and during their trial, if they are up on criminal charges. People on remand – remandees/prisoners – are held in special remand facilities and have less restrictions than convicted prisoners. This is defined in the United Nations Human Rights for the standard minimum rules for the treatment of prisoners.

There are two remand centres in Victoria – for adult men, the Metropolitan Remand Centre (after being taken first to the Melbourne Assessment Prison), and for adult women, the Dame Phyllis Frost Centre. At some stage you may be transferred to the Melbourne Custody Centre for hearings at the Melbourne Magistrates’ Court.

     Why would someone end up in remand?
People who are remanded in custody are those who have not applied for bail, have been refused bail, cannot meet bail, or are unwilling or unable to meet the conditions set out in a bail bond. Being put into a remand centre ensures a person attends their trial.

If you are on remand, you are unsentenced and innocent until proven guilty. This remand is not a punishment, however it is a confinement. This means people on remand are given flexibility within their security rating. You must comply with prison processes and guidelines.

     People on remand: 

• Are not held with convicted prisoners (unless this is impractical)
• May have more access to visitors and phone calls to lawyers and legal representation
• Have access to a legal library
• May wear their own clothing, if applicable to their security rating
• May work

     Remand Release Assistance Program
A pre-release program has been set up for those prisoners who are likely to be discharged directly from court. The reasons this may occur are that the person gets bail, may be released for time already served, may receive a Community Corrections Order, or other non-prison options. This program helps those who may require quick access to support services (Centrelink, accommodation, health services, property collection, etc.) after release.

     How long can someone be in remand for?
This will vary depending on how long it takes for your trial to be prepared – that is, evidence collection, interviews, etc. If you are eventually convicted, time spent in remand could count towards your final sentence. If you are sentenced at trial, you will then be transferred to prison.

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