What does a decision to remand mean?
Asked by: Nannie Morar | Last update: June 25, 2022Score: 4.5/5 (59 votes)
To remand something is to send it back. Remand implies a return. The usual contexts in which this word are encountered are reversal of an appellate decision, and the custody of a prisoner.
What does it mean when it says remanded?
: to order back: such as. a : to send back (a case) to another court or agency for further action. b : to return to custody pending trial or for further detention.
What is an example of remand?
The definition of a remand is an act of being sent back. An example of a remand is the act of sending a court case back to a lower court for further action. Remand is defined as to send back. An example of to remand is to send a prisoner back to jail.
Which of the following is correct when a case is remanded?
Which of the following is correct if a case is remanded? The case is sent back for additional proceedings at the trial court.
When a court case is remanded it is?
A remanded appeal simply means that the case is sent back to the lower courts. This occurs when the appellate court finds that the lower court's judge made some error related to the laws or facts in your case.
What is a BVA Remand Decision? What do I do if I get a remand letter from the VA?
What happens when you get remanded?
Remand means that you will not be given bail and must stay in prison while your trial is going on.
How long can you be held on remand?
In September, the Government extended Custody Time Limits (CTLs) – the amount of time that someone can be held on remand – from six to eight months.
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.
How is remand allowed?
Typically, a suspect will be remanded only if it is likely that he or she could commit a serious crime, interfere with the investigation, or fail to come to the trial. In the majority of court cases, the suspect will not be in detention while awaiting trial, often with restrictions such as bail.
What does remand court mean?
Remand is the detention of an alleged offender by a court order.
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.
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 does it mean to remand a 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.
What does on remand mean UK?
If the court decides to put you on remand it means you'll go to prison until your trial begins. If you're under 18 you'll be taken to a secure centre for young people, not an adult prison. You will probably be put on remand if: you have been charged with a serious crime, for example armed robbery.
What happens after your case is remanded from the Appeals Council?
The Appeals Council will either make a new, independent decision based on the preponderance of the evidence in the record that will be the final decision of the Commissioner after remand, or it will remand the case to an administrative law judge for further proceedings.
What happens after reverse and remand?
If the Court of Appeals reversed and remanded the trial court's orders on the issues that you've appealed, then it means that it has found that the trial judge was wrong on that issue, by either misapplying the law or in failing to have sufficient evidence to support their decision based on the testimony and evidence ...
Why do police take remand?
It is an aid to the successful completion of an investigation. 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.
Can you visit someone on remand?
A convicted prisoner is usually allowed at least two 1-hour visits every 4 weeks. A prisoner on remand (waiting for their trial) is allowed three 1-hour visits a week.
What is the difference between bail and remand?
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.
Can police beat a person in remand?
It is illegal for the police to slap, beat, threaten, intimidate or torture any person who is being held in custody. Policemen can be removed from service and can also go to jail for doing this.
Are remand prisoners kept with convicted prisoners?
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.
When can police remand be refused?
If the prima facie accusation or information is not well founded and sufficient grounds do not exist for the Magistrate to exercise his power of remand, in such cases, remand of accused can be refused.
Can you get bail after being remanded?
Under Schedule One, Part IIA of the Bail Act 1976, a person is entitled to be granted bail at the first hearing at which he appears charged with an offence. If a remand in custody is sought, he may apply for bail using any argument of fact or law that he chooses.
Do remand prisoners wear their own clothes?
Remand prisoners are generally allowed their own clothing, but in the first prison I was in, this rule wasn't observed. I had seven pairs of socks and seven pairs of underpants when I arrived immediately after court.
How do the police decide to charge?
The decision to charge any person with an offence is usually taken by the CPS. If the CPS decides there is sufficient evidence to charge you with an offence then you will be taken before a custody sergeant who will read out the alleged offence to you.