Detention Act (2010:611)

Original Language Title: Häkteslag (2010:611)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2010:611

Chapter 1. Introductory provisions



The law's content and scope



section 1 of this Act provides for the enforcement of

decisions on pre-trial detention and some other temporary

detention in custody or in other storage space.

The provisions relating to



-location and certain rights (Chapter 2),



-visits and other contacts (Chapter 3),



-specific control and coercion (Chapter 4),



-health care (Chapter 5.)



-restrictions on inmates who are suspected of offences (6

Cape.), and



decisions and appeals, etc. (7 and 8.).



section 2 of this Act applies to anyone who is



1. the detained, arrested or seized because of suspected

crime,



2. detained for reasons other than suspicion of crime,



3. the inmate in a detention or police custody pending

He or she should be relegated to a correctional institution or

a special youth homes,



4. temporarily placed in a remand prison with the support of the law

(2010:610), or



5. looked after according to Chapter 28. the third paragraph of section 11

Criminal Code pending a decision on the Elimination of

probation becomes final.



First paragraph 1 does not apply to any person who is arrested under section 35

Act (1964:167) with special provisions for young

offenders.



section 3 of this Act applies, unless otherwise provided by law or

other statutes, which are listed in



1. a correctional or detention for any purpose other

than the execution of the penalty for the offence, or



2. a police custody for custody.



Depending on the design



4 of Every inmate shall be dealt with respect for his or her

human dignity and with an understanding of the specific difficulties

associated with the deprivation of liberty.



paragraph 5 of the Enforcement should be designed so that the negative consequences of

the deprivation of liberty is discouraged. To the extent that it is

appropriate and the prisoner consents to it, the measures

be taken in order to give him or her the support and help that

needed.



section 6 enforcement may not entail other restrictions in

the intagnes freedom than that provided for by this law or who is

necessary to order or safety shall be

be maintained.



A control or coercive measure may only be used if the

are proportionate to the objective of the measure. If a

less restrictive measure is sufficient, it shall be used.



Chapter 2. Location and certain rights



Placement



(1) An inmate has the right to be placed in private.



Two or more inmates may be placed in the same room if it is

necessary for reasons of space or any other special

reason.



section 2 of An inmate must not be placed so that he or she is staying

together with inmates of the opposite sex. An inmate may, however,

permitted to reside with the prisoners of the opposite sex, if it is

appropriate and inmates agree to it.



section 3, An inmate who is under the age of eighteen must not be placed so that the

He or she is staying along with inmates over eighteen years, if

It cannot be regarded as being to his or her best.



4 § An inmate may be granted to have their babies at home, if it

can be considered to be in the best interests of the child.



Stay in the community and privacy



§ 5 An inmate shall be given the opportunity to spend time together during the day

with other inmates (commonality), unless



1. the prisoner is placed in a different storage space than in a

custody and local conditions do not allow for commonality,



2. for security reasons, it is necessary to keep the prisoner

separated from other inmates, or



3. it is necessary to carry out a person.



Employment and compensation



section 6, An inmate shall, if possible, be given suitable

employment in the form of labor or other comparable

activity.



An inmate who perform or participate in the employment

organized by the probation service are entitled to compensation.



If an inmate has been intentionally damaged property belonging to or

granted to the probation service, the prison service of the

the remuneration referred to in the second subparagraph taking out an amount that

corresponds to the costs of replacing or otherwise

restoring the property.



Stay outdoors



section 7 An inmate shall be given the opportunity to live outdoors at least one

hour each day, unless there are special reasons against it.



Entertainment



section 8, An inmate shall be given the opportunity to properly devote itself

for amusement.



Range of mass media



section 9 of An inmate shall be given the opportunity to properly follow

What is happening in the outside world.



Religious practice



section 10 of An inmate shall be given the opportunity to exercise

their religion.



Personal belongings



section 11 of An inmate may receive and hold books, magazines,

newspapers and other personal belongings that cannot be

compromise the policy or security.



12 § Belongings as an inmate must not receive and hold

According to section 11 may be disposed of and stored for the intagnes

Bill. Belongings seized shall be delivered to the

the prisoner not later that he or she no longer

should be detained.



Furlough



section 13, An inmate may, if there are special compassionate grounds,

granted permission to reside outside the storage room for

some short time (furlough), if there are no obstacles to the

for security reasons.



A condition for permission to unite with the conditions

needed. Unless it is clearly unnecessary, the prisoner

be under surveillance.



Before a State to furlough granted to the contractor

restrictions according to Chapter 6. should consent be obtained from

-patient basis or the Prosecutor.



Chapter 3. Visits and other contacts



Visit



§ 1 An inmate may receive visits, to the extent

preferably take place. A visit may be refused if it can

compromise security in a way that cannot be eliminated by

inspection in accordance with paragraph 2 or 3.



Provisions on the right of anyone who is detained or arrested

to receive visits from his lawyer, see Chapter 21. § 9

the code of judicial procedure.



section 2 of the visit, if it is necessary for safety reasons,

checked by



1. staff are monitoring the visit, or



2. the visit takes place in a visiting room that is designed to

makes to the subject.



paragraph 3 of the visit, if it is necessary for safety reasons,

is conditioned upon the visitor to submit to a physical examination

or shallow person.



Electronic communications



4 § An inmate may be linked with another person by

electronic communications to the extent appropriate

take place. Such communications may, however, be refused unless it can jeopardize the

safety in a manner which cannot be remedied by tapping

According to section 5.



§ 5, electronic communications between an inmate and another

person may be listened to, if it is necessary for security reasons.

Those who will communicate with each other will be informed in advance

the control.



Electronic communications between an inmate and his or

her public defender may not be intercepted.



Shipments



section 6 of the Shipments between an inmate and his or her

Public Defender, a Swedish authority or a

international bodies of Sweden recognized the competence to

receive complaints from individuals will be forwarded without

review. Such a shipment of a inmate shall not, however,

relayed without be detained, if there is reason to

assume that the data on the sender of the shipment is incorrect.



7 § in cases other than those referred to in paragraph 6, an inmate refused to

send and receive a shipment, if necessary with

account of the order or safety. A shipment that it

prisoner may not send or receive may be detained.



section 8 a shipment being held may not be reviewed without the

intagnes consent, unless it is absolutely necessary for

security reasons.



A consignment referred to in paragraph 6 may be reviewed in order to

investigate who the sender is.



§ 9 the consignment held shall, unless there are special reasons

speaks against it, be disclosed to the prisoner as soon as possible

and later when he or she should not be deprived

freedom.



Common provisions



10 § whoever is placed in custody for investigation of

misconducts in accordance with Chapter 6. the third subparagraph of paragraph 8 of the Prisons Act

(2010:610) may be prevented from contact with other people by

visit, electronic communications or mail, if it is

strictly necessary for the purpose of the investigation is not to be

compromised.



11 § if necessary, in order to be able to visit or

electronic communications may be permitted under paragraph 1 of the first

subparagraph or paragraph 4 or shall be checked in accordance with section 2 or 5,

should it be ascertained whether the contact must take place

with is convicted or suspected of a crime or to exercise

criminal activity. To the extent necessary to

information is also collected about his or her personal

other circumstances.



Chapter 4. Specific control and repression



Control of residential rooms



§ 1 A eery residential rooms and his or her

belongings may be checked to the extent

necessary to order or safety shall be

be maintained.



The first paragraph also applies to other closed storage sites

the prisoner disposes.



Strip search and body inspection



section 2 of The to be included into a storage space, at the latest at the

arrival strip-searched or kroppsbesiktigas for

the continual search of restricted articles, unless it is clear

unnecessary.



section 3, An inmate gets strip-searched or kroppsbesiktigas for

the continual search of unauthorized items on




1. There is reason to believe that such a subject will

to present him or her,



2. he or she will return after a stay outside

storage facility,



3. he or she shall have, or have had a visit without such

scrutiny referred to in Chapter 3. paragraph 2, or



4. There is in a sample or in connection with a

major study which, for safety reasons, are made of a space

in the storage room and the prisoner has or has had

particular connection to space.



section 4 of An inmate, also in cases other than those referred to in paragraphs 2 and 3

strip-searched the continual search for weapons and other dangerous

the subject, if it is necessary for security reasons.



paragraph 5 of the urinary, breath, saliva, sweat, blood or hair samples

may, unless otherwise justified by the medical or similar

reasons, taken on an inmate who may reasonably be suspected to be

under the influence of alcohol, drugs and other intoxicants,

any such funds as referred to in paragraph 1 of the Act (1991:1969) of non-

against certain doping substances or any such be covered by

Act (1999:42) banning certain products which are hazardous to health.



section 6 of the test referred to in paragraph 5 may also be taken when an inmate himself

are there where it is necessary to investigate his or her

drug consumption in the face of a health or treatment response.



section 7 of the strip search or body inspection shall not be performed

or witnessed by someone of the opposite sex who is not a doctor

or a registered nurse. However, this does not



1. a physical examination referred to in paragraph 4,



2. a physical examination which only means that object as a

person carries are examined,



3. a physical examination with the metal detector or similar

technical device, or



4. an inspection body which only means that the second sample than

urinary samples in accordance with section 5 or 6.



If necessary, a strip search or a

body inspection of a man performed or witnessed by an

woman also in cases other than those referred to in the first subparagraph.



Disposal of restricted articles



section 8 alcohol, drugs, other intoxicants, such funds

referred to in paragraph 1 of the Act (1991:1969) prohibiting certain

doping substances or products covered by the Act

(1999:42) banning certain products which are hazardous to health,

disposed of and destroyed



1. If they are carried by someone to be included into a storage space,



2. If they are found in one inmate,



3. If they are sent to an inmate, or



4. If the otherwise encountered within a storage space and

There is no known owner of them.



The first paragraph also applies to syringes, needles and

other objects that are especially designed to be used in the

drug addiction or for any dealings in drugs.



§ 9 an object found in a storage space, in other

cases referred to in section 8 and Chapter 2. 12 § disposed, if it

can be assumed that the object will be confiscated.

The disposal shall, as soon as possible be notified to the

may order the seizure.



Lockup



10 § An inmate may be subject to lockup



1. the movement within the storage premises and during transport

or else stay outside the premises, if necessary by

security reasons, or



2. If he or she behaves violently and it is absolutely

necessary with regard to the intagnes own or any

else's safety to life or health.



A doctor will examine as soon as possible an inmate who

subject to lockup under the first subparagraph 2.



General physical access control



11 § if necessary for safety shall be

maintained at a remand prison may decide to

all persons crossing into custody will be strip-searched

(physical access control). The purpose of the General

physical access control should be to search for unauthorized

objects. Written messages may not be reviewed.



A decision on the general physical access control shall be up to

three months.



The prison service may grant exceptions in individual cases from the General

physical access control, if there are special reasons.



Control of vehicle



section 12 if necessary for safety shall be

maintained at a remand centre, a vehicle in connection with the

It passes into or out of custody scanned for

restricted articles or people without permission are trying

getting in or out of custody. Written notices may

not audited.



Chapter 5. Health and medical care



section 1 of An inmate in need of health care should be examined

by a doctor. Doctors should also be called if the inmate requests it

and it is not clear that such an investigation is not

needed.



An inmate who needs health care should be cared for in accordance with

the instructions given by the doctor. If an inmate is not able to

examined or treated appropriately in

storage premises, the public health care system is engaged. If the

needed, the prisoner be transferred to hospital.



A permit to stay outside the storage room under the

the second subparagraph shall be combined with the conditions as necessary. If it is

necessary for security reasons, the prisoner stand during

coverage.



section 2 provisions concerning psychiatric compulsory care of it

intakes are in the Act (1991:1129) on forensic psychiatric care.



If an inmate has been transferred to a hospital facility

or an investigation unit referred to in paragraph 6 of the law on

offenders, this Act applies only in respect of

restrictions according to Chapter 6. In the case of a

investigation unit within the National Board of forensic medicine is also available

provisions in the Act (1991:1137) about psychiatric

survey.



The provisions of §§ 18-24 Act (1991:1128) on psychiatric

involuntary treatment and the provisions of the second subparagraph of paragraph 8 of the law on

offenders about the power of the prison system to

adopting specific restrictions for a particular inmate and in

section 8 shall apply to an inmate who for voluntary psychiatric

care or RPU is transferred to a

healthcare establishment or investigation unit within the health and

the health care system. Law (2014:815).



3 § If a transport can be expected to damage the health of intagnes,

doctor's consent to the shipment to be obtained.



Chapter 6. Restrictions on inmates who are suspected of crimes



section 1 of An inmate who is detained, arrested or seized because

by suspicion of offence may be imposed restrictions on their right

to contact with the outside world (constraints), if there is a risk

because he or she will remove evidence or in any other

way complicates the investigation.



For those who are in detention, the restrictions as referred to in the first subparagraph

be notified only if he or she may be subject to restrictions

According to Chapter 24. 5 a of the code of judicial procedure.



paragraph 2 of The decision on restrictions under section may refer to

restrictions on the right to



1. be placed together with other inmates, according to Chapter 2. 1 §

second subparagraph,



2. stay in the community in accordance with Chapter 2. section 5,



3. follow what is happening in the outside world, according to Chapter 2. section 9,



4. hold magazines and newspapers under Chapter 2. section 11,



5. receiving visits in accordance with Chapter 3. Article 1, first subparagraph,



6. liaise with other electronic communications

According to Chapter 3. paragraph 4, or



7. send and receive shipments in accordance with Chapter 3. 7 §.



section 3 a question of restrictions be reviewed by-patient basis

or the Prosecutor. A decision on such a case shall be reviewed as

often there is a reason for it.



section 4 of The who is detained because of suspicion of crime,

request review of a District Court's decision to enjoin him

or her restrictions of some kind. The right to examine a

such a request when it examines the issue of permits to

restrictions under 24 Cape. 5 a of the code of judicial procedure. Before

the Court takes a decision, the Prosecutor shall be given an opportunity to be heard

themselves.



The first subparagraph shall also apply in the Court of appeal and the Supreme

the court verdict has been appealed there or if

a hearing is held pursuant to Chapter 24. section 17, fourth paragraph

the code of judicial procedure.



Decision of the Court may be appealed against in the same way as a decision in

ask for permission for restrictions in accordance with Chapter 24. 5 a §

first subparagraph, the code of judicial procedure.



Chapter 7. Decisions and appeals



Decision



(1) unless otherwise provided by this law, decisions by

The prison system or, if the prisoner is placed in a

storage space under other regulatory supervision, by

the authority.



section 2 of a decision under this Act shall be effective immediately, if not

any other appointment.



Appeal



paragraph 3 of the decision referred to in paragraph 1 may be referred to the General

Administrative Court.



A decision may be appealed to the administrative law within the

jurisdiction over the storage premises is situated where the appellant was

the intake when the first decision in the case was made.



Leave to appeal is required for an appeal to the administrative court.



4 § correctional decisions under section may not be appealed

before the decision is reviewed by the probation service. Such

review may be requested by the decision concerns if it has

passed him or her against. An appeal against a decision

that has not been reconsidered to be regarded as a request for reconsideration.



At the review referred to in the first subparagraph, the decision may not be changed

to the complainant's detriment.



section 5 An application for review must be in writing and have come

into the penal system within three weeks from the date of the

complainant was part of the decision. In the request for review, the

complainant to specify which decisions referred to and what change in

the decision that he or she desires.



The prison service considers whether the letter of request for review

has come in at the right time. If the letter has been received too late


should it be rejected, unless the delay is due to

the Agency provided the complainant inaccurate intelligence about how

to request reconsideration.



Chapter 8. Other provisions



Security companies



section 1 of the Swedish prison and probation service may appoint a guardian in an authorized

security companies that, in the course of his employment in

the company, perform some monitoring mission when an inmate should

staying outside a storage space. If there are particular

reasons, such appointment may refer to some

surveillance data in a storage room. In the appointment

the nature and scope of the mission should be specified. The appointment must

recalled.



section 2 of the guardian with an order pursuant to paragraph 1 shall not

improperly disclose or exploit what he is because of his

the Mission has been told about an individual's personal circumstances

or circumstances of significance for national security or for the

to investigate and prosecute crimes.



In the public activities should apply rather than publicity-

and secrecy (2009:400).



Enforcement regulations



section 3 of the Regulations on the enforcement of the law will be notified by

the Government or the authority, as the Government determines.