Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(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 2005 .
(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)
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(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.