What happens after remand period is over?Asked by: Noah Kerluke | Last update: July 29, 2022
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How long does police custody take in India?
LAWS OF CUSTODY IN INDIA
Section 167 of the Code allows that a person may be held in the custody of the police for a period of 15 days on the orders of a Magistrate.
What does it mean when a prisoner is on remand?
Remand, also known as pre-trial detention, preventive detention, or provisional detention, is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a prison or detention centre or held under house arrest.
How long is judicial custody in India?
However, the person can be under judicial custody for upto 90 days when the person has committed an offence with a punishment of death, imprisonment of life or period of imprisonment exceeding 10 years and for upto 60 days for all other crimes, if the Magistrate thinks fit for the interest of the justice.
How long can you be remanded in custody UK?
The police can hold you for up to 24 hours before they have to charge you with a crime or release you. They can apply to hold you for up to 36 or 96 hours if you're suspected of a serious crime, eg murder.
Section 167 CrPC || Police Remand || Police & Judicial Custody
Does remand time come off sentence?
The time also spent on remand, could be taken off by the judge at sentencing should the individual be found guilty at trial. This time will be taken into consideration by the judge once they pass sentence. If a person is convicted and remanded in custody until a sentencing hearing this is known as 'Judges Remand'.
Is being on remand serious?
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.
Can police beat in judicial custody?
Under judicial custody, Magistrate will have the custody. Another difference is that during police custody, police can interrogate the accused directly without any authority's permission. But in judicial custody police cannot interrogate accused without permission of Magistrate.
Can you get bail while on remand?
Remand means that you will not be given bail and must stay in prison while your trial is going on.
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.
Can I visit a prisoner 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.
Can you call someone 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”.
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 long can police keep you in custody for?
Generally, the standard time the police can hold you for is 24 hours until they will need to charge you with a criminal offence or release you. In exceptional circumstances, they can apply to hold you for longer, up to 36 or 96 hours. This is usually if you are suspected of more serious crimes such a murder.
What happens in police remand in India?
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.
What is difference between police remand and judicial remand?
Police remand implies that the blamed stays in the lock-up for a police station or in the custody of an investigating office who is investigating the concerned matter, while judicial remand implies that the denounced is stopped up in prison and is under the remand of the Magistrate.
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.
Does being on remand count as double?
All time served on remand will also be taken into account when applying it to an overall release date if there are mixed concurrent sentences. If two or more consecutive sentences are received, time on remand will only be counted once, and will not apply to each sentence.
What happens on bail date?
It involves release from police custody to await a later appearance at court or a police station. Your case can be dropped while you're on bail. If you are bailed without charge, called 'pre-charge bail' this means that you will have to appear at a police station at a later date.
Which is better police custody or judicial custody?
Police custody can be extended for a maximum period of 15 days. Judicial custody can be extended to a maximum period of 90 days for offences punishable with more than 10 years of imprisonment, and 60 days for all other offences.
How long can Magistrates remand?
Remands with a CTL extension in the magistrates' court can and should take place in the defendant's absence in these circumstances - under section 52(3) of the Mental Health Act 1983. Further remands may take place in absence up to a limit of 6 months after which a further court appearance will be necessary.
What can you be remanded for?
- there are substantial grounds to believe that: you will not come back to court [and/or] ...
- it is alleged you have committed this offence whilst on bail [and/or]
- you have previously been released on conditional bail and have not kept to those conditions.
What does a 6 month suspended sentence mean?
Suspended sentences are custodial sentences where the offender does not have to go to prison provided that they commit no further offences and comply with any requirements imposed. They are used only when the custodial sentence is no longer than two years. A suspended sentence is both a punishment and a deterrent.
Why do prisoners only serve half their sentence?
It is intended to allow some rehabilitation in the community, while keeping release dates consistent and prison numbers down. Those guilty of more serious crimes - such as serious sexual assaults or grievous bodily harm - will spend a greater part of their sentence in jail.
What happens between conviction and sentencing?
If a defendant is found not guilty, by the magistrate, jury or judge, they will be 'acquitted' and free to go. If the defendant pleads guilty or is found guilty by the judge or jury, they are convicted and the judge will pass sentence.