The problems faced by the suspects remanded into custody

Abstract

Crime is defined in the Macmillan Encyclopedia of Social Sciences as "an act detrimental to the public welfare while the term 'offense' is used to refer to prohibited acts. Penal Code No. 03 of 1983 is today referred to as the Criminal Law of Sri Lanka. Those who are remanded into custody are regarded only as suspects until and unless they are sentenced by a court of law and should remain in custody until they are released or imprisoned. Keeping somebody under custody away from the family and society has a negative impact on the economy and well-being of not only the person but also the society. Hence, there is a need to evaluate the extent of that impact. Ontology was used as a realistic method while epistemology as an interpretative method. The Objectives of the research were to identify the problems faced by those who were in remand custody, to identify the causes of the problems and to make recommendations to solve those problems. Accordingly, a qualitative research was conducted using the ethnography method primarily in the Kalutara Remand Prison, Data were collected through semi-structured interviews taking male and female ratio as 16:4. Also this included 10 experts knowledgeable in prison affairs. Content analysis was applied to review theories. It was found that the people placed under remand custody had varying levels of education, wealth and social status. The main problems they were facing were congestion and lack of facilities, longevity of the stay due to delays in court hearings, mental illnesses such as stress and loneliness occur due to staying away from family and home, and being regarded as criminals before the court determines so. It was suggested to provide free legal services for those with low levels of education and income. In order to prevent the possible breakup of the family and abuse of children, it was suggested to permit communication with the families. An opportunity for them to engage in some work online and support the families was also recommended. Religious institutes would be able to play a significant role in providing advice and guidance to those under custody and their families.