What is bail and remand?
Asked by: Brain McKenzie III | Last update: August 21, 2022Score: 4.8/5 (20 votes)
If a person who is accused of a crime is remanded in custody, they are kept in prison until their trial begins. If a person is remanded on bail, they are told to return to the court at a later date, when their trial will take place.
What does remand a case mean?
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 remanded mean in jail?
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.
What happens remand?
The dictionary meaning of the word remand is to return or send back. However, in the legal world, it has two different meanings. Firstly, it is used to send back the accused in the custody of the competent authority. Secondly, it is used to send back the cases from the appellate court to the lower court.
VCE Legal Studies - Bail and Remand
How long can you be on remand for?
In September the government extended custody time limits – the amount of time that someone can be held on remand – from six to eight months.
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.
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.
What police do in remand?
If a person who is accused of a crime is remanded in custody or on bail, they are told to return to the court at a later date, when their trial will take place. Remand is used to refer to the process of remanding someone in custody or on bail, or to the period of time until their trial begins.
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.
Why do court cases get remanded?
Remanded Appeals
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. Improper rulings, errors in procedure, or the exclusion of admissible evidence may result in a lower court's decision being overturned and sent back for further action.
Why does someone get remanded?
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 happens after bail is granted?
What is bail? If a defendant is granted bail it means they are allowed back into the public while they await trial or further police investigations, instead of being remanded in custody (ie, locked up). A person can be released on bail at any point from the moment they have been arrested.
What is bail law?
Bail, in law, means procurement of release from prison of a person awaiting trial or an appeal, by the deposit of security to ensure his submission at the required time to legal authority.
Is remand and custody same?
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.
Can I take clothes to a prisoner?
Remand prisoners will be allowed to wear their own clothes. All clothing (except socks and underwear) must be handed in within 28 days of their first arrival in the prison system.
Do prisons listen to all phone calls UK?
Prison staff can listen to and record most types of call. Some calls are not monitored, for example when a prisoner calls a legal adviser. You can also exchange voice messages with a prisoner using the Prison Voicemail service.
Can prisoners attend weddings UK?
PRISONERS can be temporarily released to attend funerals, weddings and other important family functions, under escort of prison officers, provided they apply and the Minister of Justice, Legal and Parliamentary Affairs reckons they are a safe risk, prison authorities have said.
How long can police keep you on bail?
Understanding Police Bail
The initial bail period is 28 days but can be extended up to 3 months by a Superintendent.
Does bail mean you have been charged?
Bail from a police station
You can be given bail at the police station after you've been charged. This means you'll be released from custody until your first court hearing. If you're given bail, you might have to agree to conditions like: living at a particular address.
What happens bail?
Bail often means a defendant enters into a recognisance (a bond between them and the court) to pay money if they break the conditions of bail. Anyone providing a guarantee (or surety) may also have to enter into a recognisance.
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”.
Does remand come off your sentence?
Until a prisoner is sentenced, in theory they should be treated as innocent until proven guilty. Most of those in custody on remand have been remanded and are awaiting trial, they have not been convicted of a criminal offence. Judges Remand is when a prisoner has been convicted and is waiting to be sentenced.
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.
What are the types of bail?
Broadly speaking there are three categories of bail and they are- i] bail in bailable offences, ii] bail in non bailable offences, iii]anticipatory bail, BAIL IN BAILABLE OFFENCES, Section 436 of the Code of Criminal Procedure deals with provisions of bail in bailable offences.