I think a temporary lift for the period of the case so he can give his side wouldn't be unfair, it could just be reinstated afterward (unless there's a limit in the system this forum uses I'm unaware of) and a close watch kept on him during this time to keep him from offending again.
To use your example Eirikr, when I prisoner commits a crime while incarcerated he's typically tried at a courthouse and kept under guard.
