Conditions To Be Considered Before Remanding An Accused
The transfer of a remanded accused person to the same prison facility as a convicted prisoner is wrong and demonstrates lack of respect and knowledge of the law. This was one of the first mistakes that the prison authorities made in the ongoing trial of the accused former NIA 9 when they transferred them to the main prison facility at Mile 2.
This is in fact contrary to the records of the court. By returning them back to the remand wing establishes the aforementioned statement.
Whether the accused persons were held in solitary confinement or not, the issue is that, even a judge cannot order for an accused person to be transferred from remand to prison without the accused being tried and proven guilty and subsequently convicted When a person is remanded in custody it means that they will be detained in a prison until a later date when a trial or sentencing hearing will take place. The majority of prisoners on remand has not been convicted of a criminal offence and is awaiting trial following a not guilty plea.
A remand prisoner may be transferred to another prison if there are justifiable grounds for this and if it can be assumed that the remand prisoner will adapt to the conditions of the other prison. A remand prisoner shall be transferred to another prison if so required by the purpose of remand imprisonment, the safety of the remand prisoner or another person, the occupancy rate of the prison or another corresponding reason. In order to level out the occupancy rate of the prison, a remand prisoner may only be transferred for weighty reasons.
If a remand prisoner is sentenced to imprisonment or to fine-conversion, the remand prisoner may be transferred to the placement unit to determine the placement institution.