What is the difference between remand and custody?
What is the difference between remand and custody?
P.C kicks-in and they were produced him/her before a Magistrate within 24 hours of the arrest. Difference between Judicial Custody and Remand: Police Custody means that police has the physical custody of the accused while Judicial Custody means an accused is in the custody of the concerned Magistrate.
Why would you be remanded in custody?
you have been charged with a serious crime, for example armed robbery. you have been convicted of a serious crime in the past. the police think you may not go to your court hearing. the police think you may commit another crime while on bail.
What is the difference between bail and remand?
Most people who are charged with a crime get bail, which means they are released until the court case. This means that they will not be in jail, but instead they will be released into the community until the court case starts. If they are held in custody, this is called remand.
What does release status remanded mean?
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 offense. A person who is on remand is held in a prison or detention centre or held under house arrest.
What does it mean to be remanded in court?
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. A prisoner is said to be remanded when she is sent back into custody to await trial.
What is remand NSW?
Remand (Adult) – adults refused bail (and small numbers granted bail but unable to meet conditions) are remanded in custody pending future court action. Includes a small number of persons refused police bail and remanded in custody in a gazetted correctional centre.
Can you claim 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.
Why would you be refused bail?
A person may be denied bail if there are substantial grounds for believing that any of the exceptions in Schedule 1 of the Bail Act 1976 are made out. Pursuant to section 4(2) of the Bail Act 1976, there is no general right to bail for convicted persons.
What happens if the court remands the case?
Instead, the appellate court will “remand”, or send, the case back to the trial court for the trial court to actually fix or re-decide the issue. This means that the issue or issues wrongly decided will be re-tried or re-heard by the trial judge based on and within the instructions given by the appellate court.
Is a remand a final judgment?
Therefore, for appellate purposes, an order remanding a matter to an administrator is not a final decision, and not immediately appealable.
What is the difference between reversing and remanding a case?
Reversed = the decision of a lower court (usually trial) is rejected as incorrect by a higher (appellate) court. Remanded = the matter is sent back to the lower court for further proceedings.
Can you win an appeal?
In most situations, if you win your appeal, you case will be “remanded.” This means the case will be sent back to the trial court or judge responsible for your conviction and/or sentencing. Although it is rare, some appeals do result in the appellant being released from jail or prison.
