How is remand different from imprisonment?
Asked by: Soledad Hauck | Last update: February 19, 2022Score: 4.2/5 (42 votes)
A person who is on remand is held in a prison or detention centre or held under house arrest. ... Detention before charge is referred to as custody and continued detention after conviction is referred to as imprisonment.
What is the difference between remand and imprisonment?
Unsentenced prisoners – also known as remand prisoners – are held in custody before their trial on criminal charges; in strict legal theory, remand prisoners are only held to guarantee that they are present for their trials; the law does not regard their imprisonment as punishment.
What is the purpose of remand?
A remand prisoner is someone held in custody while waiting for their trial or sentencing. A remand prisoner may be held in prison, or in police cells, court cells, or psychiatric facilities as required. The court has to decide if the accused is to get Court Bail.
What is difference between remand and custody?
While remand under the former relates to a stage after cognizance and can only be to judicial custody, detention under the latter relates to the stage of investigation and can initially be either in police custody or judicial custody.
What happens if you are on remand?
Remand means that you will not be given bail and must stay in prison while your trial is going on.
NUP supporters angry over prolonged detention on remand
What police do in remand?
In other words, it is the remand where we send back the accused into the custody of police or that of the magistrate for collecting evidence and completion of investigation. The purpose of remand is to facilitate completion of investigation. This power of ordering remand is given to the judicial magistrate under S.
What rights do remand prisoners have?
A person who is on remanded in a prison is not treated as a convicted prisoner, as they have not yet been found guilty of any offence. They should also have further rights in prison, such as being able to wear their own clothes and having more visits.
How many types of remand are there?
One is Police Custody Remand wherein the arrested person is sent in the custody of the police for the purpose of further investigation and is kept in the police lockup and the second is Judicial Custody Remand where the person is sent to the local jail.
What is remand and its types?
There are two types of remand i.e. physical remand and judicial remand. When a caused is sent to custody of police by magistrate it is called physical remand and when the accused is sent to judicial lock-u/jail it is called judicial remand.
What is remand?
A person who is “remanded”, “remanded in custody”, or “on remand”, can also be said to be held in police custody. ... When the accused is held in police custody for the purpose of further investigations; or. When bail is not offered, or not taken up, and the accused continues to be in police custody.
What is the difference between remand and bail?
Bail is the process whereby a person who has been arrested and charged is released from police custody back into the community whilst awaiting the next court hearing. If bail is refused, then the arrested person is remanded in custody pending the next court hearing. ... Even longer in the higher courts.
How do you use remand in a sentence?
Remand sentence example
One in eight breaches led to a custodial remand . The Bench retired to consult and they decided to grant remand for a fortnight. They can be bailed with or without conditions or remanded in custody to a prison or remand center.
Can you visit someone on remand?
Visits to a prisoner on remand do not require that the visitor is in possession of a visiting order but visits to a convicted prisoner do. However, a convicted prisoner is allowed one 'reception visit' within the first few days of arriving at prison and this visit does not require a visiting order.
Are remand prisoners kept with convicted prisoners?
A person held in custody awaiting trial is presumed to be innocent. The regime for remand prisoners awaiting trial are different to those of convicted prisoners. Although these prisoners should be held separately, often a person awaiting trial on remand will share a cell with a convicted prisoner.
What are the types of jail in the Philippines?
5 Jails include provincial, district, city and municipal jails managed and supervised by the Provincial Government and the Bureau of Jail Management and Penology (BJMP), respectively, which are both under the Department of the Interior and Local Government.
What is difference between physical remand and judicial remand?
Physical custody of the accused is called in common language as physical rem and i.e when an accused is sent to custody of police, by magistrate, it is called physical rem and. Whereas when the accused is sent to judicial lock up/jail, it is called judicial rem and.
Who can be remanded?
- a risk of recidivism,
- a risk that the suspect will destroy evidence or otherwise affect the investigation of the crime, or.
- a risk that the suspect will flee prosecution or punishment.
What is bail CrPC?
Bail is the judicial release of an accused charged with the certain offence by imposing some restrictions on him and compelling him to remain within the jurisdiction of court. ...
What is court remand?
Remand proceedings, however, are proceedings initiated to further detain the person for more than 24 hours. The purpose of the proceeding is to allow the police to keep the person in custody while they continue or complete their investigations.
Can magistrates remand you?
In the magistrates' court, a defendant can only remand a person in custody for a maximum of eight days, except where it has previously remanded him in custody and it has a set a date for the next stage of those proceedings.
What is a remand prisoner?
When someone is held in custody while they wait for their trial or sentencing it's called being on remand. A remand prisoner could be held in police cells, court cells, psychiatric facilities or in prison.
Can you make phone calls on remand?
Although some prisons now have phones in each cell, most only have shared phones on each wing, meaning prisoners can only access them at certain times of day. In either case, it is not possible to call a prisoner - they can only make outbound calls to pre-approved numbers listed on the their “pin”.
Does remand count as double?
If two or more consecutive sentences are received, time on remand will only be counted once, and will not apply to each sentence. ... Essentially, any time taken into consideration for sentence calculation must be time served on the current case, and time spent on another sentence will not be considered.
What is the procedure for remand?
Remand is ordered only after considering evidence and not on the face of the application. Also, a maximum limit is set for which remand can be ordered. After expiry of that period, the accused is entitled to bail in case the chargesheet is not filed by the police in time.