What is remand in Pakistan?
Asked by: Aubrey Ortiz II | Last update: August 4, 2022Score: 4.8/5 (52 votes)
III. Section 167 of the CODE OF CRIMINAL PROCEDURE, 1898 (PAKISTAN) Chapter XXV of Police Rules, 1934. Lexically: rem and means to send a prisoner back to the custody, the act of sending back (a prisoner) into custody.
What is the purpose of remand?
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 happens during remand?
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 remand and judicial custody?
In police remand, the security is given by the police, though in judicial custody the adjudicator/justice gives the security. Section 167 of the Code of CrPC 1973 governs the arrangements for holding an individual in authority to continue further with the examination.
What is meant by remand in law?
/rɪˈmænd/ to send someone accused of committing a crime away from court until their trial begins: He was remanded on theft charges. The accused was remanded in custody (= kept in prison before the trial began) for a week. be remanded on bail.
What is difference between POLICE remand and JUDICIAL remand
How long can remand last?
In September, the Government extended Custody Time Limits (CTLs) – the amount of time that someone can be held on remand – from six to eight months.
What is an example of a remand?
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. To send back; order to go back.
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 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.
What's the difference between bail and remand?
The term "remand" may be used to describe the process of keeping a person in detention rather than granting bail. A prisoner who is denied, refused or unable to meet the conditions of bail, or who is unable to post bail, may be held in a prison on remand.
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.
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 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”.
Can remand be opposed?
Conclusion: If the prima facie accusation or information is not well founded and sufficient grounds do not exist for the Magistrate to exercise his power of remand, in such cases, remand of accused can be refused.
How to take police remand?
In any case when an accused person is re- manded to Police custody, the reasons must be recorded in the order of remand, and when the Magistrate ordering a remand is not himself a Sub-Divisional or District Magistrate he must atonce send a copy of his order, with his reasons for making it to the Sub- Divisional or ...
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.
What does criminal remand mean?
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. Carter was remanded in custody for seven days. [
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.
Can you get bail after being remanded?
Under Schedule One, Part IIA of the Bail Act 1976, a person is entitled to be granted bail at the first hearing at which he appears charged with an offence. If a remand in custody is sought, he may apply for bail using any argument of fact or law that he chooses.
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'.
How do the police decide to charge?
The decision to charge any person with an offence is usually taken by the CPS. If the CPS decides there is sufficient evidence to charge you with an offence then you will be taken before a custody sergeant who will read out the alleged offence to you.
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.
Are prisoners allowed mobile phones?
It is currently illegal for inmates to have personal phones in prison and those caught with one can have up to two years added on to their sentence. While some prisons have in-cell phones - most inmates can only ring “pre-approved and validated contacts”.
Can I send clothes to a prisoner?
Parcels to the prison can only be sent through Parcel Force. The prison will not accept Royal Mail parcels. Only court clothes can be posted in without the need for an application being made first. The parcel must be clearly marked as 'court clothes' and cannot contain any other additional items.
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.