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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: Latvian Prison Administration would like to know the foreign practice regarding Execution and control of court decision on arrest (remand) as a safety measure. This information will be used to improve the effectivity of the Latvian Prison Administration and to shorten the time necessary to process documentation connected with criminal procedure and sentence execution, as well as to improve and develop the Prisoner Information System and its integration with the e-file platform.
It is mixed. In the Swedish judicial system there are three different meanings of the word “arrest”. Under certain circumstances the Police have the authority to arrest a person and put him or her in to custody. To keep the person in custody for more than some hours the Police must get a decision of arrest from the prosecutor. Custodial time for more than three days require a court decision.
Does the decisions on application of arrest have a deadline?The decision on application of arrest must be made promptly.
Are there maximum time limits for keeping under arrest as set by the law?The time limits are set by law. A court order of arrest is unlimited. Arrest (Police): After a number of hours, depending e.g. on the level of intoxication of the arrested person, the Police must get a warrant from the prosecutor. Arrest (Prosecutor): At the latest at noon of the third day after the day the person has been put in to custody the prosecutor must get an approval of continued arrest from the court. Arrest (Court): No deadline.
Who controls the execution of the arrest as a safety measure?----
Does the prison administration have the right to release arrested persons?The prison system can only release a person from custody if the legal support for detention, for some reason, should cease to exist. This could happen due to expired time limits for re-arrest by court order and similar decisions, or lack thereof.
The court decides, revokes or changes the decision on application of arrest(remand).
Does the decisions on application of arrest have a deadline?No, the decisions on application of arrest haven't a deadline.
Are there maximum time limits for keeping under arrest as set by the law?The maximum time limit is usually six months. Unless a judgment has been issued by that time, pre-trial detention may only continue in exceptional cases (particular difficulty or particular extent of the investigation). If there is a risk of recurrence, the maximum length of pre-trial detention is one year.
Who controls the execution of the arrest as a safety measure?The prison administration.
Does the prison administration have the right to release arrested persons?No.
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Pre-trial investigation judge or court
Does the decisions on application of arrest have a deadline?Maximum time limit for keeping under arrest as set by the law is 6 months. Due to complicated or large-scale cases the regional judge may extend the term of arrest for up to 3 months, in case of juveniles – for up to 2 months period. The term of arrest may be repeatedly extended but cannot exceed 9 months period during pre-trial investigation, in case of juveniles – cannot exceed 6 months period. In cases involving serious crimes and felonies, aiding, organized crime or when a person is arrested in a foreign country, the term of arrest cannot exceed 18 months during the period of pre-trial investigation, in case of juveniles – cannot exceed 12 months period. During the criminal procedure the term of arrest may not exceed 2/3 of the sentence imposed for the most serious crime.
Are there maximum time limits for keeping under arrest as set by the law?Arrest may be imposed for max 3 months period, in case of juveniles – for max 2 months period. The period may be extended up to 6 months, in case of juveniles – up to 4 months
Who controls the execution of the arrest as a safety measure?The remand prison administration
Does the prison administration have the right to release arrested persons?Basis for release as set forth in the Law on Pre-Trial Detention: cancellation of arrest, replacement of arrest with another measure of pre-trial detention, expired term of arrest, unless it is extended in compliance with the procedure set forth by law. Arrested persons shall be released by the director of the place of pre-trial detention based on a court judgement or ruling, or following the decision of the judge or the prosecutor. Upon the expiry of the period of pre-trial detention (arrest), the director of the place of pre-trial detention must release the arrested person by his own decision and notify thereof the officer investigating the case.
In the conditions of the Slovak Republic, execution of the application of arrest of person is not performed in prisons but in a police detention cells at the Police Force. Pre-trial detention and prison sentence are carried out only in the prisons. On application of arrest that is carried out in the police detention cells and on pre-trial detention that is carried out in prisons shall be decided separately by the judge in a judicial proceeding. In the case, the proceeding is only in the early stages (pre-trial proceeding), the judge shall decide on the basis of the proposal of the prosecutor.
Does the decisions on application of arrest have a deadline?A body that arrested the accused on the basis of the application is obligated to deliver (transfer) him/her without delay, but not later than 24 hours, to the court whose judge has issued the application. Mentioned arrest is carried out in the police detention cells. In the case, accused is delivered to the court, the judge shall decide on the pre-trial detention as a safety measure that is then being carried out in the prison.
Are there maximum time limits for keeping under arrest as set by the law?The judge, who has taken over the arrested accused person, shall hear him/her and decide about his/her remand or release to freedom within 48 hours and in an extraordinary serious crimes within 72 hours. The term begins by beginning of the action (by arresting). In the case, when the accused who is arrested is imposed on remand, it can lasts up to five years, depending on the type of crime.
Who controls the execution of the arrest as a safety measure?Execution of the application of arrest as well as pre-trial detention is controlled by a prosecutor who performs supervision over the proceeding.
Does the prison administration have the right to release arrested persons?The prison administration is not authorised to release the arrested person and the accused person performing pre-trial detention as well. Such authorization shall only be at the discretion of a judge or a prosecutor.
) To answer these questions, we refer to the sentence of placement at the disposal of the sentence enforcement court. This placement at the disposal of the sentence enforcement court is an additional sentence which the criminal court issues together with a principal sentence (custodial sentence). Depending on the type of crime and whether repetition of offences was established, it is a sentence that the court can or must impose with a view to the protection of society from individuals who commit certain serious criminal offences that affect the integrity of individuals. The decision whether to impose the additional sentence of placement at the disposal of the sentence enforcement court is therefore solely the competence of the criminal courts. The issuing of this sentence by a criminal court does not necessarily mean that the person sentenced to a placement at the disposal of the sentence enforcement court will automatically be deprived of his or her liberty for the duration of the placement at the disposal of the sentence enforcement court. As indicated by its name, the sentenced person is placed at the disposal and therefore under the control of the sentence enforcement court for a certain period. During this time of placement at the disposal of the sentence enforcement court, the sentence enforcement court (which is not the court that imposes the sentences, but the court that supervises their enforcement) determines whether the sentenced person concerned will remain deprived of his or her liberty (see the answer to question 4).
Does the decisions on application of arrest have a deadline?This additional sentence of placement at the disposal of the sentence enforcement court is issued by the criminal court together with the principal custodial sentence, but only takes effect after the principal custodial sentence expires.
Are there maximum time limits for keeping under arrest as set by the law?The criminal court can issue a placement at the disposal of the sentence enforcement court for a period of minimum five and maximum fifteen years.
Who controls the execution of the arrest as a safety measure?As mentioned above, the sentence enforcement court supervises the execution of the placement at the disposal of the sentence enforcement court. The sentence enforcement court determines whether the sentenced person remains deprived of his or her liberty during the period of placement at the disposal of the sentence enforcement court. Shortly before the start of this period of placement at the disposal of the sentence enforcement court, the sentence enforcement court decides whether the sentenced person remains deprived of his or her liberty or whether he or she is granted release under supervision. The sentenced person will remain deprived of his or her liberty if there is a risk that he or she will commit serious criminal offences that affect the physical or psychological integrity of others and this risk cannot be overcome by imposing special conditions in case of a release under supervision. This decision of the sentence enforcement court is preceded by an advice of the prison warden and the public prosecutor’s office. In the framework of a release under supervision, the sentence enforcement court can also impose individualized conditions on the sentenced person. As long as the sentenced person remains deprived of his or her liberty, the sentence enforcement court examines every year whether the person concerned can be granted a release under supervision (which is always preceded by an advice of the prison warden and the public prosecutor’s office). During the period of deprivation of liberty, the sentence enforcement court can also decide to grant modalities for the enforcement of sentences (release on temporary licence, penitentiary leave, electronic monitoring or limited detention). The public prosecutor’s office and the justice assistant (in case conditions have been imposed) supervise the sentenced person during the release under supervision. Two years after a possible release under supervision (and subsequently every two years), the sentenced person can ask the sentence enforcement court for early termination of the placement at the disposal of the sentence enforcement court previously imposed by the criminal court. The sentence enforcement court grants this dismissal if it can reasonably be assumed that the sentenced person will not commit any new criminal offences.
Does the prison administration have the right to release arrested persons?No; during the period of placement at the disposal of the sentence enforcement court, release is only possible after decision of the sentence enforcement court.
Please note: All questions have been provided by the Court Service and are based on the assumption that references to “arrest/arrest as a safety measure” refer to orders remanding a person in custody made by a judge of a competent court. Such an order is followed by the issue of a “remand warrant” signed by either the Judge or the appropriate court official. If a person is arrested for an offence which does not allow for his/her detention by An Garda Síochána (the Irish Police Force), then he/she must be charged with that offence and brought before a judge of the District Court as soon as possible. The District Court has jurisdiction to remand the person in custody or on bail for most offences. However, there are certain serious offences for which only the High Court only can remand a person on bail (e.g. murder, attempted murder, treason). In considering whether to remand a person in custody or on bail, the judge will have regard to the submissions of the prosecution and the defence, case law (particularly People (D.P.P.) v. O’Callaghan [1966] I.R. 501) and the relevant provisions of the Criminal Procedure Act 1967 and the Bail Act 1997 (as amended). Where a person has been remanded on bail, bail may be revoked by the court in certain circumstances e.g. where the person has failed to appear on a date to which he/she was remanded, or has violated some other condition of his/her bail. A person who has been remanded in custody may make an application for bail while criminal proceedings are ongoing, even in circumstances where bail was previously refused by the courts. The High Court retains original jurisdiction to grant bail, and persons who have been refused bail in the District Court or the court of trial may be granted bail in the High Court.
Does the decisions on application of arrest have a deadline?Note: This answer has been provided by the Court Service. All remands in custody by the Courts are to a specific date. The only exception to this are District Court orders for remand in custody upon sending forward for trial. These are to the next/present sitting of the court of trial (with the exception of remands sending forward to the Dublin Circuit, which are to a specific date). The Court office informs the Prison Service of the date that the accused is required in court of trial.
Are there maximum time limits for keeping under arrest as set by the law?Note: This answer has been provided by the Court Service. The District Court may only remand a person in custody for the following periods:- (a) On the first appearance in Court, the period of remand in custody cannot exceed 8 days (b) On the second and all subsequent appearances in Court, the period of remand in custody cannot exceed 15 days without consent (of the defence and the prosecution) (c) On the second and all subsequent appearances in Court, the period of remand in custody can be up to but not exceeding 30 days if both the defence and the prosecution consent Please note: These periods of remand do not apply to Remand in Custody to Garda Stations (which are very rare and are for a maximum of four days, or Remands in Custody on Sending forward for trial which are generally to the next/present sitting of the court of trial- see response to question 2 above) The remand period is calculated in accordance with the provisions of Section 18 (h) of the Interpretation Act 2005. This means that the day on which the remand order is made and the day in which it ends are both included e.g. A remand from a Wednesday to the following Wednesday would constitute an 8 day remand. The District Court cannot remand a person beyond 30 days even with consent. If an accused person is unable to go to court due to illness, the court may remand him/her in custody in his/her absence. If an accused person has been remanded in custody and there is no sitting of the court on the remand date, he/she will stand remanded in custody to the next sitting of a court in the same District Court District. All other Courts In relation to the Circuit Court, Central Criminal Court, Special Criminal Court and the Court of Appeal, there are no time limits for remands in custody.
Who controls the execution of the arrest as a safety measure?Note: This answer has been provided by the Court Service. District Court, all remand warrants outside the Dublin Metropolitan District are addressed to the Superintendent of An Garda Síochána (the Irish Police Force). In the Dublin Metropolitan District these warrants are addressed to the governor of the prison to which the person is remanded. Remand warrants from all other Courts are addressed to the Governor of the Prison to which the person is remanded.
Does the prison administration have the right to release arrested persons?No, the Irish Prison Service does not have the right to release arrested persons. The Courts would determine and direct release, if applicable in such circumstances.
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