What is the purpose of remand?Asked by: Art Lindgren | Last update: February 19, 2022
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When an appellate court reverses the decision of a lower court, the written decision often contains an instruction to remand the case to the lower court to be reconsidered in light of the appellate court's ruling. ... A prisoner is said to be remanded when she is sent back into custody to await trial.
What does a remand do?
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 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 does it mean when you are on remand?
If the court decides to put you on remand it means you'll go to prison until your trial begins. the court thinks you might not go to your court hearing. ... the court thinks you might commit a crime while on bail.
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 remand?
What happens after remand period is over?
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.
Can you get bail on remand?
Bail. Unless your family member is remanded for one of the above reasons the court will remand the accused on bail meaning they are free to leave the court but must attend on the next occasion. ... This is known as 'conditional bail'. If the person does not comply with the conditions they can be remanded into custody.
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.
Are remand prisoners kept with convicted prisoners?
A person held in custody awaiting trial is presumed to be innocent. The regime for remand prisoners awaiting trial are different to those of convicted prisoners. Although these prisoners should be held separately, often a person awaiting trial on remand will share a cell with a convicted prisoner.
Who is a remand patient?
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. He was remanded in custody for seven days.
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. ... Clothing could be sent in from friends and family, and exchanged during visits, but the quantities of garments was controlled and could only be swapped on a one for one basis.
Can you make phone calls 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”.
How is remand different from imprisonment?
Unsentenced prisoners – also known as remand prisoners – are held in custody before their trial on criminal charges; in strict legal theory, remand prisoners are only held to guarantee that they are present for their trials; the law does not regard their imprisonment as punishment.
What does it mean remand on bail?
Definition of remand (someone) on bail
law, British. : to allow (someone) to post bail and wait for trial at home instead of in prison.
What is a remand home?
Definition of remand home
: a British institution to which juvenile offenders may be committed by the court for temporary detention : detention home children from 8 to 16 sent to remand homes for periods up to one month — compare borstal.
What is remand in CPC?
Remand means to send back[i]. ... Section 107 (1)(b) of the Code of Civil Procedure empowers an appellate court to remand a case. Specifically remand is dealt with in Order 41 Rules 23, 23A and 25. A remand cannot be ordered lightly.
What happens if you are remanded in custody?
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.
Can you visit a prisoner on remand?
Visits to a prisoner on remand do not require that the visitor is in possession of a visiting order but visits to a convicted prisoner do. However, a convicted prisoner is allowed one 'reception visit' within the first few days of arriving at prison and this visit does not require a visiting order.
Can remand be extended?
Section 167 ceases to be applicable for the purposes of extending remand, once the charge sheet has been filed or beyond the prescribed period of 60 days or 90 days as the case may be. Time and again, this has been upheld by the Supreme Court of India as well as by several High Courts across the country.
What is meant by PT warrant?
A prisoner on transit warrant (PT warrant) cannot be used for the purpose of keeping a person in detention without producing him/ her before the concerned court and such non-production will certainly curtail the liberty of a person, the Madras High Court recently ruled.
What happens when your held in custody?
If you are taken into custody. If you're arrested, you'll usually be taken to a police station, held in custody in a cell and questioned. After you've been questioned, you may be released with no further action, released under investigation, or on bail pending further enquiries or charged with a crime.
What is remand and its types?
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 police custody?
Definition of 'police custody'
If somebody or something is in police custody, they are kept somewhere secure, under the supervision of police officers, for example in a police station. He was being held in police custody last night after being refused bail.
Does remand count as double?
If two or more consecutive sentences are received, time on remand will only be counted once, and will not apply to each sentence. ... Essentially, any time taken into consideration for sentence calculation must be time served on the current case, and time spent on another sentence will not be considered.
Do you get compensation for being on remand?
remand is a punishment
People acquitted after a period on custodial remand are not entitled to compensation, unless they can prove their case has been seriously mishandled, through, for example, malicious prosecution.