What are common reasons for a remand?
Asked by: Natalie Luettgen | Last update: February 2, 2026Score: 4.6/5 (67 votes)
A remand occurs when a court sends a case back to a lower court or agency for further action, or when a defendant is held in custody before trial, common reasons being flight risk (not appearing in court), risk of reoffending or interfering with witnesses, or procedural errors in the original decision (like failing to consider evidence or mental impairment) in administrative cases.
What are the reasons for a remand?
Remand is when higher courts send cases back to lower courts for further action. For example, in U.S. law, appellate courts remand cases to district courts for actions such as a new trial.
What are the grounds for remand?
You may be put on remand if: you've been convicted of a crime in the past. the court thinks you might not go to your court hearing. the court thinks you might commit a crime while on bail.
How common is it to be remanded?
A record 16,200 people are presently imprisoned on remand without being tried or convicted. This is 16% of the total prison population – a 50-year high.
Is remand a good or bad outcome?
The short answer is: it depends. While a remand isn't a final decision, it also doesn't mean your claim has been denied. Instead, it signals that the Board believes your case needs more evidence, clarification, or procedural corrections before a final ruling can be made.
Remand Hearing - What It Is and How You Handle It
Why would I be remanded?
You are a remand prisoner if you haven't been found guilty of an offence. Being found guilty is also called being convicted. You can also be on remand if you have been found guilty, but you are waiting to be sentenced. If you are a remand prisoner, the prison holds you until your next court appearance.
How long does a remand take?
Remand to be granted in cases of real necessity. Magistrate should dis- courage tendency of Police to take remand to Extort confession. Remand cannot be granted for m o r e t h a n 1 5 days. Procedure when accused is brought before a Magistrate to obtain remand.
Can I spend the night with my boyfriend in jail?
No, you generally cannot spend the night with your boyfriend in jail, as overnight stays are extremely rare and usually limited to approved "conjugal visits" or "family reunion programs" in a few states (like CA, CT, NY, WA), requiring specific criteria, applications, and often being for spouses or registered partners, not just any boyfriend. Standard visits are during the day, and you must be on an approved visitor list, but you won't stay overnight.
Does "remanded" mean "dismissed"?
Many people think remand means the case is dismissed. In reality, it means the case is sent back for further action.
What is the maximum days of remand?
Sub-section (2) of Section 167 is particularly significant as it lays down the procedure for remand and sets a maximum limit of 15 days for police custody.
Is a remand a final decision?
Only in cases when the administrator is essentially directed to rule for the plaintiff are remand orders deemed final and appealable. However, where further action is required, such as the need to consider additional evidence and engage in fact-finding, there is no final resolution.
Why do people go to jail before a trial?
Many are jailed pretrial simply because they can't afford money bail, others because a probation, parole, or ICE office has placed a "hold" on their release. The number of people in jail pretrial has nearly quadrupled since the 1980s.
Is remanding a case good or bad?
A remand usually occurs only from a higher court to a lower court, and cases are remanded only if there is an error or issue the lower court needs to fix. This often indicates a positive development for defendants when a post-conviction appeal is submitted.
What is the 1447 rule?
In any case removed from a State court, the district court may issue all necessary orders and process to bring before it all proper parties whether served by process issued by the State court or otherwise.
Does remand affect sentencing?
It may be that the court expects you to turn yourself in to confirm that you are "time served." I will say, though, that your sentence for the crime will not usually change if you fail to remand, but the prosecutor could consider filing charges for failure to appear and/or a probation violation, either of which could ...
What is the rule 43 in jail?
In the UK prison system, Prison Rule 43 allows for the segregation of inmates for their own protection (e.g., vulnerable prisoners like sex offenders) or for prison discipline, moving them to separate units where conditions can be harsh, with reduced association, recreation, and access to property, though it's intended to be a safeguard against violence and often involves solitary conditions, raising concerns about isolation and stigmatization. There's also a US Federal Rule 43 concerning a defendant's presence in court, but the prison context points to the UK rule.
What time is bedtime in jail?
Inmates typically go to bed between 10:00 PM and 11:00 PM in jail, after evening counts and lockdowns, though times vary by facility, with some requiring lights out by 10:00 PM and others allowing more quiet time until around 11:00 PM, depending on security levels and programs.
What is a pink room in jail?
A pink room in jail, often called a "Drunk Tank Pink" or "Baker-Miller Pink" room, is a holding cell painted a specific shade of pink designed to have a calming effect, reduce aggression, and de-escalate violent or agitated behavior in inmates, particularly those arrested for public intoxication, by sapping energy and inducing tranquility.
What is the 100 mile bulge rule?
(1) (b) 100 mile bulge rule—parties can be served anywhere within 100 miles of the federal court, regardless if the court sits in another state.
What is the burden of proof for remand?
Procedural Requirements for Remand
A remand motion can be very spare, but should raise all procedural defects in the defendant's removal. Any procedural defects in removal are waived if the plaintiff does not attack them and ask for remand. The burden of proof is on the removing party.
How long does a remand hearing take?
It typically takes 90-180 days for the Appeals Council to issue a notice of remand. Once the hearing office for that Administrative Law Judge is notified by the Appeals Council that a case has been remanded, it could take approximately 6 months or even 9 months before a new hearing is scheduled.
Can you remove again after remand?
Even after a case has been remanded to state court, it is sometimes possible to get back to federal court with a second notice of removal. A successive removal may be permitted if new information or events arise that were not available during the first removal attempt.
What is the maximum period of remand?
The Constitution and CrPC prohibit detention in police custody beyond 24 hours. [8] The Magistrate is empowered to extend it up to 15 days in case investigation cannot be completed within 24 hours. He may further extend judicial custody beyond 15 days if he is satisfied that adequate grounds exist to do so.
How long do court hearings usually take?
A court hearing's duration varies wildly, from 15-30 minutes for simple matters like plea hearings or arraignments to several hours or even days for complex cases, family law disputes, or trials, depending on evidence, witnesses, and case specifics, so expect to be at court for at least a half-day. Factors like case complexity, number of witnesses, type of hearing (e.g., traffic, family, criminal), and court schedule all influence the length.