Definition:

The total number of persons held in detention who have not yet been sentenced, as a percentage of the total number of persons held in detention, on a specified date.

Concepts:

‘Persons held in detention‘ refers to persons held in Prisons, Penal Institutions or Correctional Institutions on a specified day and should exclude non-criminal prisoners held for administrative purposes, for example, persons held pending investigation into their immigration status or foreign citizens without a legal right to stay. Also, people under house arrest, persons under other forms of sanctions or supervision, such as electronic surveillance or community-based surveillance should be excluded from the prison population (persons held in prison).

‘Sentenced’ refers persons held in prisons, penal institutions or correctional institutions after a first instance decision or a final decision on their case has been made by a competent authority. This includes sentenced prisoners with a final decision and persons held who are awaiting the outcome of an appeal in respect of verdict or sentence or who are within the statutory limits for appealing . Persons held who have received a custodial sentence for one crime but are still under trial and unsentenced for another crime should be counted as sentenced persons held. Furthermore, for the purpose of international comparability, persons held who have been convicted of a crime (in a first instance decision) but who have not yet received a sentence should also be treated as ‘sentenced’, even if national definitions of sentenced detainees are narrower. ’.

‘Unsentenced’ refers to persons held in prisons, penal institutions or correctional institutions who are untried, pre-trial or awaiting a first instance decision on their case from a competent authority regarding their conviction or acquittal. Persons held before and during the trial should be included. Sentenced persons held awaiting the outcome of an appeal in respect of verdict or sentence or who are within the statutory limits for appealing their sentence should be excluded.

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Rætta uppseting: 16.3.2