What is remand court in Canada?
Asked by: Olaf Braun | Last update: August 1, 2022Score: 4.1/5 (15 votes)
Remand refers to persons who have been charged with an offence and ordered by the court to custody while awaiting a further court appearance.
What happens at remand court?
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 remand court?
A remand prisoner is someone held in custody while waiting for their trial or sentencing. A remand prisoner may be held in prison, or in police cells, court cells, or psychiatric facilities as required. The court has to decide if the accused is to get Court Bail.
What does it mean to be placed 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.
What's the difference between bail and remand?
Technical bail is where bail is granted to a defendant in circumstances where there are substantial grounds for believing that a remand into custody is justified but the defendant is either serving a custodial sentence, or is remanded in custody for other matters before the same or other courts.
What is remand?
How long can you stay on remand?
The length of time that someone can be held in prison awaiting trial in the Crown Court is six months. In September 2020, the Government increased the time lime to eight months. Lawyers told Fair Trials that the time limit 'may as well not exist' and that they were extended 'as a matter of routine'.
Does remand come off your 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'.
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.
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.
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.
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 is the procedure for remand?
Remand application under S. 167(1) is made by the officer in charge of the police station or the person making the investigation, if he is not below the rank of the sub inspector whenever he thinks that the investigation would not be completed within 24 hours as mandated by S.
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”.
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.
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 does Judges remand mean?
Defendants will be placed on judge's remand after pleading guilty or being convicted at a trial. The guilty party will be placed on this type of remand until a sentencing hearing which is usually held at a later date, normally after the plea hearing or trial.
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 is remand back order?
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.
Can bail be granted during 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 long can you stay in custody?
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.
How is remand time calculated?
General Principles. A failure to take into account remand time is an error of principle. The method of taking into account remand time is to first calculate the total sentence and then deduct an amount of credit based on the amount of time served.
How many times can you apply for bail when on remand?
Re-Applying For Bail. You have two chances to apply for bail at the magistrates court, or if there is a change in your circumstances. If this fails, you can apply for bail again at the crown court, known as 'judge in chambers. ' You can also go to the High Court but this is rare.
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 does remand on bail mean?
Definition of remand (someone) on bail
law, British. : to allow (someone) to post bail and wait for trial at home instead of in prison.
How long can you be on bail for without being charged?
Bail can be either unconditional or conditional, the latter being that certain restrictions and conditions are put on defendants such as not being able to contact a complainant or go to a certain location. The initial bail period is 28 days but can be extended up to 3 months by a Superintendent.