Australian Capital Territory Current Acts

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CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 8

Treatment of remandees

    (1)     Functions under this Act in relation to a remandee must be exercised, as far as practicable, as follows:

        (a)     to recognise and respect that the remandee must be presumed innocent of the offence for which the remandee is remanded;

        (b)     to respect and protect the remandee's human rights;

        (c)     to ensure the remandee's decent, humane and just treatment;

        (d)     to preclude torture or cruel, inhuman or degrading treatment.

    (2)     Also, functions under this Act in relation to a remandee's detention must be exercised, as far as practicable, as follows:

        (a)     to recognise and respect that the detention is not imposed as punishment of the remandee;

        (b)     to ensure the remandee is not subject to punishment only because of the conditions of detention;

        (c)     to ensure the remandee's conditions in detention comply with the requirements under the Corrections Management Act 2007

.

    (3)     Subsections (1) (a) and (2) (a) do not apply if the remandee has been convicted or found guilty of the offence for which the remandee is remanded.

Examples

1     a convicted person remanded in custody for sentencing

2     a paroled offender remanded in custody under s 210 (Custody of offender during board hearing adjournment)

    (4)     This section does not apply to the remandee if the remandee is an offender under a sentence of imprisonment in relation to another offence.



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