Remand

Remand may refer to:

Remand (detention)

The remand or detention of a suspect is the process of keeping a person who has been arrested in custody, normally in a remand prison, prior to a trial, conviction or sentencing. The word "remand" is used generally in common law jurisdictions to describe pre-trial detention; other legal systems use varying terms and phrases. Pre-trial detention differs fundamentally from post-adjudicatory detention, or imprisonment.

In many western-style democracies imprisonment without trial is considered to be in contradiction to the idea that a suspect is innocent until proven guilty, and for this reason pre-trial detention is usually subject to safeguards and restrictions as to its permissible duration.

Where the courts cannot be persuaded that a suspect should be remanded in custody ahead of trial - for instance in the interests of "public safety" - a suspect will be released on bail until trial (or, in some cases, sentencing).

Detention before charge

The pre-charge detention period is the period of time during which an individual can be held and questioned by police, prior to being charged with an offence. Not all countries have such a concept, and in those that do, the period for which a person may be detained without charge varies by jurisdiction.

Remand (court procedure)

A remand is an action taken by an appellate court in which it sends back a case to the trial court or lower appellate court for further action.

For example, if the trial judge committed a procedural error, failed to admit evidence or witnesses that the appellate court ruled should have been admitted, or ruled improperly on a litigant's motion, the appellate court may send the case back to the lower court for retrial or other action.

A case is said to be "remanded" when the superior court returns or sends back the case to the lower court. Also, a court may be said to retry the case "on remand."

United States

When the United States Supreme Court grants certiorari and reverses a decision of a state supreme court or a Federal appeals court, it may remand the case. Likewise, an appeals court may remand a case to a trial court. A remand may be a full remand, essentially ordering an entirely new trial; when an appellate court grants a full remand, the lower court's decision is "reversed and remanded."