What is remand and its types?
Asked by: Dr. Jakayla Carroll Sr. | Last update: July 22, 2022Score: 4.7/5 (64 votes)
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.
Whats the definition of remand?
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 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 is a remand in India?
Remand under S. 167(2) is an important component in the investigation process. 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.
What is difference between remand and bail?
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.
Difference Among | Physical Remand | Judicial Remand | Transitory Remand | جسمانی ریمانڈ
What is period of remand?
A Judicial Magistrate may remand a person to any form of custody extending up to 15 days and an executive magistrate may order for a period of custody extending up to 7 days. A person may be held in the custody of the police or in judicial custody.
How does remand work?
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 is reverse and remand?
Reverse and Remand
This means that the Court of Appeals found an error and the case is remanded, or sent back, to the same trial judge to re-decide the case. Many times issues can only result in a remand back to the same trial judge.
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.
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.
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.
What is the difference between physical remand and judicial remand?
Pakistani Law
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.
What is the difference between judicial and physical remand?
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 in CPC?
Remand means to send back[i]. Where the trial court has decided the suit on a preliminary point without recording findings on other issues and if the appellate court reverses the decree so passed, it may send back the case to the trial court to decide other issues and determine the suit[ii]. This is called remand.
What is the writ of certiorari?
Writs of Certiorari
The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review.
What is a judge panel?
A judicial panel is a group of judges selected from all the judges of a particular court. Usually, this panel refers to the three-judge panel that constitutes a federal appellate court in accordance with Section 46 of the Judiciary and Judicial Procedure of the United States Code.
What happens when you are in remand?
Remand means that you will not be given bail and must stay in prison while your trial is going on.
What is judges remand?
Judges Remand is when a prisoner has been convicted and is waiting to be sentenced. A prisoner on judges remand will follow the same regime as a convicted and sentenced prisoner.
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.
Whats the difference between custody and remand?
When a person is charged with a crime and held in police custody they must be brought to the first available court for the court to decide whether they should continue to be held (remanded) in custody. If a defendant is remanded in custody they will be kept in prison and required to appear in court.
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.
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.
Do female prisoners get bras?
Women's panties, prisoner bras, and other prisoner undergarments and underwear for institutional use are typically available in white, and in some cases in other colors such as brown and gray to meet the specifications of your detention facility.
Can prisoners have phones?
In most jurisdictions, prison inmates are forbidden from possessing mobile phones due to their ability to communicate with the outside world and other security issues. Mobile phones are one of the most smuggled items into prisons.
What does a pink jumpsuit in jail mean?
The jumpsuits are to keep inmates from coming back to jail, and the pink walls are designed to keep tempers and emotions cool in a jail that is tiny by today's standards. Even if it helps a little, keeps just a few inmates from returning to the Mason County Jail, Low said, it's a success.