Effects of imprisonment which are particular to remandees

No opportunity to prepare for prison When a person is refused bail, the period of remand commences immediately on arrest by police and continues to be uninterrupted until the proceedsings are finalized unless a court grants bail. The defendant can’t: * make arrangements regarding family responsibilities * employment * accomadation * storying property * financial arrangements Higher rate of assaults * “owing to the nature of the operations, and the high rates of movement of inmates between facilities, many remand and reception centres experience higher rates of assault”. – CSNSW * CSNSW assault rate 2009-10 18.7% (Metropolitan Reception and Remand Centre) * CSNSW assault rate 2009-10 8.2% (Lithgow Correctional Centre Max Prison) Effects on a fair trial Prima facie it is desirable that the preparation of the defence be allowed to take place in circumstances of approximate parity with those in which the prosecution is prepared

Disadvantage of being on remand awaiting trial: * Difficulties in obtaining legal representation * Difficulties in communicating with legal representatives * Communication being compromised by the person’s emotional state Disadvantage during a trial of being on remand: * Tiredness was frequently reported among being woken at 4:30 am (strip search) * Travelled to court houses being placed in court cells prior to being brought into court Effects on guilty pleas, conviction and sentences * Defendants who are in custody on remand plead guilty at a greater rate than those who are on bail. Local Court: * 52.9% Remand * 49.2 % Bail Childrens Court: * 49.8% Remand * 44.4% Bail Higher courts: * 83.1 % Remand * 67.5% Bail * Taking