What is remand in custody?
Asked by: Dr. Aiden Rowe | Last update: July 17, 2022Score: 4.6/5 (31 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 to custody means?
noun. the sending of a prisoner or accused person back into custody (or sometimes admitting him to bail) to await trial or continuation of his trial. the act of remanding or state of being remanded. on remand in custody or on bail awaiting trial or completion of one's trial.
What happens in remand custody in India?
LAWS OF CUSTODY IN INDIA
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.
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.
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 is difference between remand and custody?
What happens when your on remand?
Remand means that you will not be given bail and must stay in prison while your trial is going on.
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.
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.
Can you get bail on remand?
The Right to Bail. Under s. 4 of the Bail Act 1976, on each occasion that a person is brought before a court accused of an offence, or remanded after conviction for enquiries or a report, he must be granted bail without condition, if none of the exceptions to bail apply.
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 is remand used for?
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.
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.
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.
Do you have to pay for 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.
Why would you be remanded in custody?
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 to your phone when you go to jail?
Most prisons will allow them one phone call on arrival, in which case you might hear from them within the first couple of days, but this depends on whether they can remember your phone number, as their mobile phone will have been taken away. Even if you do get a call, your phone number is not yet officially approved.
What can police do with my phone?
- Social media activity.
- Photos.
- Messages to and from other people.
- Contact details for your friends, family, and acquaintances.
- Emails.
- Browsing history.
- Location data.
- Calendar.
What does remand mean in law?
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 the difference between sentenced and on remand?
When a person is remanded in custody it means that they will be detained in a prison until a later date when a trial or sentencing hearing will take place. The majority of prisoners on remand have not been convicted of a criminal offence and are awaiting trial following a not guilty plea.
Do you get bail back if you are innocent?
Whether you are guilty or not guilty, if you fail to appear, the court will keep the money. However, if you show up and are found not guilty, the money will be immediately returned to you through the court. If a bail bondsman posted the bail, the money would be returned to the bondsman.
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 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.
Is remand a punishment?
Whilst remand is not technically a punishment, it effectively punishes the defendant as much as a prison sentence. Only those who are at high risk of either absconding or committing a serious crime on bail should be remanded.
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.