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Types of prisoners

Most prisoners are serving prison sentences imposed by a court. In most cases, the court will fix a non-parole period, being the period of time that a prisoner must spend in prison before release on parole [Sentencing Act 2017 (SA) s 47]. See also parole.

A remand prisoner is a person who has been refused bail (see Bail) and is being held in custody:

  • while waiting to be tried for an offence
  • while waiting to be sentenced, after having been convicted of the offence.

Remand prisoners in the metropolitan area are usually held in the Adelaide Remand Centre although sometimes they are also held at the Yatala Labour Prison.

The status of prisoners who appeal against conviction or sentence is not quite so straightforward. The Department for Correctional Services treats prisoners who have appealed against their conviction as remand prisoners and prisoners who have appealed against their sentence as sentenced prisoners. Where the appeal is against an order of a judge of the District or Supreme Court, the time spent in custody between the day the appeal is lodged and the day it is heard counts as part of the sentence (unless the person is on bail during that period) [Criminal Procedure Act 1921 (SA) s 170]. The same applies if a prisoner is appealing against a conviction or sentence of imprisonment imposed in the Magistrates Court.

Some offenders are sentenced to be detained until further order. See Indeterminate detention for more information.

If the Minister for Health and Wellbeing considers a prisoner is in need of care and control and is incapable of managing their own affairs, the prisoner is removed from prison to a special hospital for such people (for example, James Nash House) or to approved hospitals under the Mental Health Act 2009 (SA). A prisoner in such a hospital is deemed to be serving their sentence unless the Governor orders otherwise.

Types of prisoners  :  Last Revised: Wed Jun 10th 2026
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.