Remand - Encyclopedia

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REMAND (Lat. remandare), a term of English law meaning the return of a prisoner by order of a court to the custody from which he came to the court. Thus where an application for release is unsuccessfully made by means of habeas corpus, the .applicant is remanded to the custody which he has challenged as illegal. Where trials or indictments are not concluded at a single sitting the court of trial has power to remand the accused into proper custody during any necessary adjournment. Where a preliminary inquiry into an indictable offence is not completed at a single sitting, the prisoner, if not released on bail, may be remanded to prison or some other lawful place of custody for a period not exceeding eight days, and so on by further remands till the inquiry is completed and the accused is discharged, or committed to prison to await his trial, or released on bail to take his trial. If the remand is for more than three days the order must be in writing (Indictable Offences Act 1848, 11 & 12 Vict. c. 42, s. 21). Similar powers of remand or committal to prison during adjournments are given to justices in the exercise of their summary criminal jurisdiction, whether as to offences punishable only on summary conviction, or as to indictable offences with which it is proposed to deal summarily (Summary Jurisdiction Acts 1848, s. 16, and 1879, s. 24).

In the case of charges against children or young persons, where the justices commit for trial or order a remand pending inquiry, or with a view to sending a child to an industrial school or a reformatory, they may remand to the workhouse or to some fit custody instead of remanding to prison (Youthful Offenders Act 1901, s. 4). For this purpose remand homes have been established.

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