![Justice statue](https://upload.wikimedia.org/wikipedia/commons/c/c6/Justice_statue.jpg)
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. Varying terminology is used, but "remand" is generally used in
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
jurisdictions and "preventive detention" elsewhere. However, in the United States, "remand" is rare except in official documents and "kept in custody until trial" is used in the media and even by judges and lawyers in addressing the public. Detention before charge is referred to as
custody and continued detention after conviction is referred to as
imprisonment.
Because imprisonment without trial is contrary to the
presumption of innocence
The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must presen ...
, pretrial detention in
liberal democracies
Liberal democracy is the combination of a liberal political ideology that operates under an indirect democratic form of government. It is characterized by elections between multiple distinct political parties, a separation of powers into di ...
is usually subject to safeguards and restrictions. Typically, a suspect will be remanded only if it is likely that he or she could commit a serious crime, interfere with the investigation, or fail to come to the trial. In the majority of court cases, the suspect will not be in detention while awaiting trial, often with restrictions such as
bail
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required.
In some countrie ...
.
Research on pre-trial detention in the United States has found that pre-trial detention increases the likelihood of convictions, primarily because individuals who would otherwise be acquitted or have their charges dropped enter guilty pleas.
A 2021 review of existing research found that "the current pretrial system
n the USimposes substantial short- and long-term economic harms on detained defendants in terms of lost earnings and government assistance, while providing little in the way of decreased criminal activity for the public interest... the costs of cash bail and pretrial detention are disproportionately borne by Black and Hispanic individuals, giving rise to large and unfair racial differences in cash bail and detention that cannot be explained by underlying differences in pretrial misconduct risk."
Detention before charge or trial
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.
The prohibition of prolonged detention without charge, ''
habeas corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
'', was first introduced in England about a century after the 1215
Magna Carta; the use of ''habeas corpus ad subjiciendum'' in 1305 was cited by
William Blackstone
Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the ''Commentaries on the Laws of England''. Born into a middle-class family ...
.
Czech Republic
![Policie Teplice, státní smutek](https://upload.wikimedia.org/wikipedia/commons/c/c9/Policie_Teplice%2C_st%C3%A1tn%C3%AD_smutek.jpg)
Under Article 8 of the
Charter of Fundamental Rights and Basic Freedoms
The Charter of Fundamental Rights and Freedoms ( cs, Listina základních práv a svobod, sk, Listina základných práv a slobôd) is a document enacted in 1991 by the Czechoslovak Federative Republic and currently continued as part of the cons ...
of the
Czech Republic
The Czech Republic, or simply Czechia, is a landlocked country in Central Europe. Historically known as Bohemia, it is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the southeast. The ...
, which has the same legal standing as the
Czech Constitution
The Constitution of the Czech Republic ( cs, link=no, Ústava České republiky) is the supreme law of the Czech Republic. The current constitution was adopted by the Czech National Council on 16 December 1992. It entered into force on 1 Januar ...
, a suspect must be immediately familiarised with the grounds of detention, must be interviewed and within 48 hours either released or charged and handed over to a court. The court then has a further 24 hours either to order a custody, or to release the person detained.
Detailed rules of detention are included in the Criminal Procedural Code. The
police
The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and th ...
may arrest and detain a suspect after obtaining prosecutor's consent. In an urgent case the police may detain a suspect without the consent. In both cases, however, the police detention may take place only when grounds for pre-trial detention exist (
see below). The statutory limits of 48 + 24 hours must be complied with and reaching the time limit should aways trigger immediate release, unless a court has ordered pre-trial custody.
Anybody may detain a person, who was caught while perpetrating a crime (not a misdemeanor) or immediately after it, when capturing of the perpetrator is necessary to either ascertain the perpetrator's identity or to prevent the perpetrator from escaping or to secure evidence. The perpetrator must immediately be handed over to the police, or when that is not possible, detention of the perpetrator must be immediately reported to the police.
People’s Republic of China
According to the reply of
Supreme People's Court
The Supreme People's Court of the People's Republic of China (SPC; ) is the highest court of the People's Republic of China. It hears appeals of cases from the high people's courts and is the trial court for cases about matters of nation ...
, detention refers to the detention of
Suspect,
Defendant in a specific place in accordance with the law, restricting or temporarily depriving them Compulsory measures for personal freedom include arrest and detention.
Criminal detention is when
public security department
The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and ...
and Prosecutor’s Office are dealing with criminal cases, the current criminals or major suspects are temporarily deprived of their personal freedom and detained in a statutory emergency situation, and One way to conduct a review.
Requirements
*Chinese public security department can first detain current criminals or major suspects in one of the following situations:.
:#
Preparing to commit a crime, committing a crime, or being discovered immediately after the crime.
:# The victim or the person who saw it with his own eyes
identified that he committed a crime.
:# A crime
Evidence is found around or in the residence.
:# Attempt to
suicide, run away or at large after committing a crime.
:# There is a possibility of destruction,
forged evidence
False evidence, fabricated evidence, forged evidence, fake evidence or tainted evidence is information created or obtained illegally in order to sway the verdict in a court case. Falsified evidence could be created by either side in a case (in ...
or collusion of confession.
:#Does not tell the real name and address, and the identity is unknown.
:# There are frequent crimes, multiple crimes,
gang crime major suspects.
*In addition to the authority of the public security organs to decide and enforce detention in accordance with the law, the People’s Procuratorate also has the right to decide to detain criminal suspects and defendants in the following two situations in cases directly accepted by the People’s Procuratorate:.
:# Attempt to commit suicide, escape or escape after committing a crime;
:#There is a possibility of destruction, forged evidence or collusion. After the People's Procuratorate decides to detain, it shall be executed by the public security department.
Review of the necessity of detention
The 2012 amendments to the Criminal Procedure Law added a system for reviewing criminal suspects in custody after arrest.
On 13 January 2016, the Supreme People’s Procuratorate issued the “Regulations on the People’s Procuratorate for Handling Custody Necessity Review Cases (Trial)”. The arrested criminal suspects and defendants , May apply to the procuratorial organ for a review of the necessity of detention. If the procuratorial organ considers that detention is unnecessary after the review, it will recommend that the case-handling agency release it or change its compulsory measures.
During custody
*Criminal detention
:The detention period is 3 days, and can be extended for 1–4 days with the approval of the administrative person in charge of the public security organ. Suspects who commit crimes on the verge of committing crimes, committing multiple crimes, or ganging up to commit crimes can be extended for 30 days (up to 37 days). During the period of detention, it is ruled out that criminal suspects are released, If the procuratorate does not approve the arrest, he shall be released immediately. If the procuratorate approves the arrest, it will go directly to the stage of investigation and custody. Those who need to continue the investigation and meet the conditions for release on bail pending trial or residential surveillance shall be released on bail pending trial or residential surveillance in accordance with the law.
*Detective Custody
:The period of investigation and custody after the arrest of a criminal suspect shall not exceed two months. Cases that are complicated and cannot be terminated after the time limit expires may be extended for one month with the approval of the People’s Procuratorate at the next higher level.
If the investigation cannot be terminated after the expiration of the preceding article, it may be extended for two months with the approval or decision of the People’s Procuratorate of the province, autonomous region, or municipality directly under the Central Government.
:#Major and complicated cases in remote areas with very inconvenient transportation
:#Major criminal group case
:#Severe and complicated cases of fleeing crimes
:#The crime involves a wide range of major and complicated cases with difficulty in obtaining evidence.
*Extended Custody
Extended Custody is based on the "Criminal Procedure Law of the People's Republic of China", for criminal suspects and defendants in the investigation, review and prosecution, trial stage custodial time exceeded Illegal acts that stipulate the time limit of custody by law. If the criminal suspect or defendant has been detained for more than five years, and the case is still in the stages of investigation, review and prosecution, first instance, and second instance, it is a case of'prolonged detention without decision'. Prolonged unresolved cases may also have overdue custody, or there may be no overdue custody after legal procedures have been approved.
According to the "Criminal Procedural Law of the People's Republic of China", the investigative agency’s criminal detention period for criminal suspects is 30 days. In addition, there can be a maximum period of 7 days for arrest and review. When the case is transferred from the public security organ to the procuratorate and the court, the procedure of "changing custody" must be carried out in accordance with the law.
If a criminal suspect or defendant is found to have been detained for an extended period of time, if the detention center fails to promptly report to the People’s Procuratorate in writing and notify the case-handling agency, the procuratorate stationed in the detention center shall report to the chief prosecutor for approval and issue a "Notice of Correction of Illegal Laws" to the detention center in the name of this court.
Republic of Ireland
In the
Republic of Ireland
Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland. The capital and largest city is Dublin, on the eastern ...
, a person brought before the
District Court and charged may be either released on
bail
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required.
In some countrie ...
or held on remand () while awaiting trial. Typically this is for less than 8 days, but it can be as long as 30 days.
Cloverhill Prison
Cloverhill Remand Prison ( ga, Príosún Chnoc na Seamar) is located on Cloverhill Road, Clondalkin, Dublin 22. It has a bed capacity of 431 and its average daily number of inmates resident in 2009 was 438.
History
Adjacent to Wheatfield Pri ...
is the main remand prison in the Dublin area. If the
prisoner
A prisoner (also known as an inmate or detainee) is a person who is deprived of liberty against their will. This can be by confinement, captivity, or forcible restraint. The term applies particularly to serving a prison sentence in a prison. ...
's court appearance is in 4 days or less, they may be held at a
Garda station.
In recent years, there has been an increase in the number of prisoners held on remand for minor offences,
Fr. Peter McVerry
Fr Peter McVerry, SJ (born 1944) is an Irish Roman Catholic priest, notable for battling homelessness in Ireland. noting that remand was almost always used if the defendant was
homeless or severely
mentally ill
A mental disorder, also referred to as a mental illness or psychiatric disorder, is a behavioral or mental pattern that causes significant distress or impairment of personal functioning. Such features may be persistent, relapsing and remitt ...
.
United States
In the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
, a person is protected by the
federal Constitution from being held in prison unlawfully. The right to have one's detention reviewed by a judge is called ''
habeas corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
''. The U.S. Constitution states that "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it". A declaration of a
state of emergency can suspend the right to ''habeas corpus''.
The
Sixth Amendment requires
criminal defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Terminology varies from one jurisdic ...
s to be "informed of the nature and cause of the accusation". The
U.S. Bill of Rights
The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections rais ...
thus grants some protection against being held without criminal charge, subject to the courts' interpretation of what
due process means. Federal authorities have also exercised the power to arrest people on the basis of being a
material witness
In American criminal law, a material witness is a person with information alleged to be material concerning a criminal proceeding. The authority to detain material witnesses dates to the First Judiciary Act of 1789, but the Bail Reform Act of ...
.
Involuntary commitment of the mentally ill is another category of detention without criminal prosecution, but the right of ''habeas corpus'' still applies. The scope of such detentions is also limited by the Bill of Rights.
The executive's military powers have been used to justify holding
enemy combatant
Enemy combatant is a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict. Usually enemy combatants are members of the armed forces of the state with which another state is at war. In the case ...
s as
prisoners of war,
unlawful combatants
An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war and therefore is claimed not to be protected by the Geneva Conventions.
The Internati ...
, and
civilian internee
A civilian internee is a civilian detained by a party to a war for security reasons. Internees are usually forced to reside in internment camps. Historical examples include Japanese American internment and internment of German Americans in the Un ...
s; the latter two practices have been controversial, especially with regard to the
indefinite detention implied by uncertainty as to when the "
War on Terror
The war on terror, officially the Global War on Terrorism (GWOT), is an ongoing international counterterrorism military campaign initiated by the United States following the September 11 attacks. The main targets of the campaign are militant ...
" might be declared to have ended.
Administrative detention, a term applied to many of these categories, is also used to imprison
illegal immigrants
Illegal immigration is the migration of people into a country in violation of the immigration laws of that country or the continued residence without the legal right to live in that country. Illegal immigration tends to be financially upwa ...
.
Sweden
In
Swedish law, ''Häktning'' is a pre-trial supervision measure, where a suspect can be jailed for crimes that have a prison term of at least one year. There are two degrees of suspicion: reasonable suspicion is the lower level, and
probable cause
In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. There is no universally accepted definition o ...
is the higher level.
Remanding occurs if the committed crime has a statutory minimum penalty of at least one year, and includes:
#a risk of
recidivism,
#a risk that the suspect will destroy evidence or otherwise
affect the investigation of the crime, or
#a risk that the suspect will flee prosecution or punishment.
Alternatively, remanding occurs for probable cause suspicion (and lesser crimes) when:
#the suspect does not have permanent residence in Sweden, and can be assumed to want to leave Sweden.
#the identity of the suspect is not established, if the suspect refuses to provide it or has given a false identity.
A person may be held in custody normally for no more than 14 days (or seven days if the degree of suspicion is reasonable suspicion). After the period, a new hearing is held to determine whether or not ''häktning'' should be extended. For suspects under age 18, "serious reasons" for detention decisions are needed and should be notified to court. From July 2021, a person remanded under ''häktning'' cannot be held in custody for longer than six to nine months in total (three months for minors).
When a person is facing less serious crimes, they are given a summary penalty order by prosecutors.
A person who was remanded but was not sentenced or freed after trial is entitled to financial compensation, which is determined by the
Chancellor of Justice The Chancellor of Justice is a government official found in some northern European countries, broadly responsible for supervising the lawfulness of government actions.
History
In 1713, the Swedish King Charles XII, preoccupied with fighting the ...
. The compensation can vary, but it is usually 30,000 SEK for the first month; 20,000 SEK for every subsequent month, up to and including the sixth month; and 15,000 SEK for every month after that. Any loss of income is also compensated. In 2007, 1200 people were compensated.
If a prisoner is sentenced, the remand time counts as part of the prison time, such that less time remains after the trial.
The
Committee for the Prevention of Torture
The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment or shortly Committee for the Prevention of Torture (CPT) is the anti-torture committee of the Council of Europe. Founded to enforce the Europ ...
of the
Council of Europe has repeatedly criticised pre-trial detention in Sweden for the high percentage of cases where restrictions on communication are applied. In Sweden, communication restrictions include no visits, no telephone calls, no newspapers, and no TV.
Detention during trial
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. Although remanded prisoners are usually detained separately from sentenced prisoners, due to prison overcrowding they are sometimes held in a shared accommodation with sentenced prisoners. Reasons for being held in custody on remand vary depending on the local legal system, but may include:
*the suspect has been accused of carrying out a particularly serious offence
*the suspect having previous
convictions for similar offences
*reasons to believe the suspect could leave the court's jurisdiction to avoid its trial and possible punishment
*reasons to believe the suspect may destroy evidence or interfere with
witness
In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ...
es
*the suspect is likely to commit further offences before the trial
*the suspect is believed to be in danger from accomplices, victims, or
vigilantes
Vigilantism () is the act of preventing, investigating and punishing perceived offenses and crimes without legal authority.
A vigilante (from Spanish, Italian and Portuguese “vigilante”, which means "sentinel" or "watcher") is a person who ...
In most countries, remand prisoners are considered
innocent until proven guilty
The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present co ...
by a
court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...
and may be granted greater privileges than sentenced prisoners. For example, most jurisdictions that prohibit convicted criminals from voting in
election
An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office.
Elections have been the usual mechanism by which modern representative democracy has opera ...
s will still allow remand prisoners to vote, unless they have been disqualified from voting for some other reason. Other privileges commonly granted include:
*wearing own clothes rather than
prison uniform
A prison uniform is the standardized clothes worn by prisoners. It usually includes visually distinct clothes worn to indicate the wearer is a prisoner, in clear distinction from civil clothing.
A prison uniform serves the purpose to make prison ...
*keeping more personal possessions
*being entitled to additional visiting hours per week
*not being required to complete prison-related work or education
Not all remand prisons grant these privileges; in particular, remand prisoners are often forced to wear prison uniforms and denied additional visitation rights, supposedly for safety reasons, although some facilities allow remand prisoners to wear a uniform that is a different color or otherwise clearly distinguishable from the uniforms of convicted criminals. Often they are denied all visits and all newspaper and media access, for risk of interfering with the investigation, such as communicating a story with fellow remand prisoners.
Czech Republic
![Výtoň, autobus vězeňské služby](https://upload.wikimedia.org/wikipedia/commons/f/fa/V%C3%BDto%C5%88%2C_autobus_v%C4%9Bze%C5%88sk%C3%A9_slu%C5%BEby.jpg)
Under Article 8 (5) of the
Charter of Fundamental Rights and Basic Freedoms
The Charter of Fundamental Rights and Freedoms ( cs, Listina základních práv a svobod, sk, Listina základných práv a slobôd) is a document enacted in 1991 by the Czechoslovak Federative Republic and currently continued as part of the cons ...
, which has the same legal standing as the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.
When these princ ...
, nobody shall be taken into custody except on the basis of a court decision, and for reasons and a detention period stipulated by the law.
Detailed rules of remand custody are contained in the Criminal Procedural Code. A person may be remanded in custody by the decision of a court only when a number of preconditions is met cumulatively:
* he or she has been charged with committing a crime which is punishable by
** more than two years of imprisonment in case of intentionally committed crime, or
** more than three years of imprisonment in case of negligently committed crime,
:: (the 2/3 years rule is subject to certain defined statutory exceptions, e.g. where a suspect has already been evading the proceedings) and
* there are reasonable grounds indicating that the alleged act was committed and it has all features of the given crime, and
* there are apparent reasons for suspicion, that the act was committed by the charged person, and
* because of the personality of the charged person, the nature of the crime and its gravity, the objective of the custody may not be reached by a different measure.
At the same time, there must be reasonable concern, that the charged person may either
* (a) escape or evade the criminal proceedings, or
* (b)
influence witnesses or otherwise similarly frustrate the proceedings, or
* (c) continue criminal activity with which he or she was charged, or finish a criminal act he or she had attempted, or commit a criminal act he or she was preparing or threatening to commit.
The charged person may be remanded in custody subject to maximum terms as follows:
* ''one year'' in cases of crimes which are dealt with by a single judge,
* ''two years'' in cases of crimes which are dealt with by a panel of three judges,
* ''three years'' in cases of felony crimes (i.e. intentional crimes punishable by a sentence with an upper jail term of at least 10 years)
* ''four years'' in cases punishable by an exceptional penalty (i.e. 20–30 years or life imprisonment)
one third of the maximum detention periods time may be exhausted in pre-trial proceedings and two thirds may be exhausted during the trial. Reaching the maximum time is always reason for immediate release.
An exception to the time limits above arises in cases of remand due to concern of ''(b)'' interfering with witnesses or similar frustration of proceedings, in which case the maximum pre-trial detention period may be only three months, except where the charged person has already been influencing witnesses or otherwise frustrating the proceedings.
The court must review the reasons for the pre-trial custody every three months and decide either to continue it, or to release the charged person. Both the prosecutor and the person in custody may file a complaint against any decision on custody, which leads to review by an appellate court.
Special rules of remand pertain to persons who are processed for extradition, e.g. illegal foreigners, those detained due to international (foreign)
warrant or the
European Arrest Warrant.
Conditions in Czech remand prisons
In the Czech Republic, remand takes place in remand prisons or in separated sections of standard prisons. Remand prisons are often in city centres and appertain to court houses. Most remand prisons are over 80 years old, with some, like
Pankrác Prison
Pankrác Prison, officially Prague Pankrác Remand Prison (''Vazební věznice Praha Pankrác'' in Czech), is a prison in Prague, Czech Republic. A part of the Czech Prison Service, it is located southeast of Prague city centre in Pankrác, not ...
, being more than 125 years old. Men, women and juveniles are held separately. Also persons charged with committing different types of crimes (e.g. unintentional, intentional, violent, etc.) are held separately.
Deficiencies of remand prisons according to 2010
Czech ombudsman's report
* insufficient daylight
* too intensive nightlight
* insufficient space for out-walks
* lack of leisure activities
* lack of working opportunities
* presence of prison guards during health care delivery
* restricted access to telephone
Cells have capacity varying between 1–8 beds, with most having between 2–4 beds. Some remand prisons have rooms intended for watching TV, gyms or chapels, but these are exceptional mainly due to overcrowding and lack of space. All have special areas for interviews between the inmates and their attorneys, visiting rooms and courtyards for out-walks.
Each cell has a WC divided from the rest of the cell-space and running cold water. Each cell-mate has own bed, storage locker and chair.
Inmates which are held due to concern of influencing witnesses are held in isolation with very limited possibility of contact with other inmates as well as the outer world (apart from interviews with own attorneys).
At any given time in 2011, there were around 2.500 inmates in the Czech remand prisons (including ~170 women and ~45 juveniles), compared to some 20.500 convicted inmates (for 10,6 million population). The average length of remand custody is around 100 days, with few inmates spending in remand more than 2 years.
More than half of foreign inmates of the Czech remand prisons are from
Slovakia
Slovakia (; sk, Slovensko ), officially the Slovak Republic ( sk, Slovenská republika, links=no ), is a landlocked country in Central Europe. It is bordered by Poland to the north, Ukraine to the east, Hungary to the south, Austria to the s ...
,
Ukraine
Ukraine ( uk, Україна, Ukraïna, ) is a country in Eastern Europe. It is the second-largest European country after Russia, which it borders to the east and northeast. Ukraine covers approximately . Prior to the ongoing Russian inv ...
and
Vietnam
Vietnam or Viet Nam ( vi, Việt Nam, ), officially the Socialist Republic of Vietnam,., group="n" is a country in Southeast Asia, at the eastern edge of mainland Southeast Asia, with an area of and population of 96 million, making i ...
. Other numerous foreigners are from
Bulgaria
Bulgaria (; bg, България, Bǎlgariya), officially the Republic of Bulgaria,, ) is a country in Southeast Europe. It is situated on the eastern flank of the Balkans, and is bordered by Romania to the north, Serbia and North Macedo ...
,
Moldova
Moldova ( , ; ), officially the Republic of Moldova ( ro, Republica Moldova), is a landlocked country in Eastern Europe. It is bordered by Romania to the west and Ukraine to the north, east, and south. The unrecognised state of Transnistr ...
,
North Macedonia
North Macedonia, ; sq, Maqedonia e Veriut, (Macedonia before February 2019), officially the Republic of North Macedonia,, is a country in Southeast Europe. It gained independence in 1991 as one of the successor states of Yugoslavia. It ...
,
Poland
Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populou ...
,
Romania
Romania ( ; ro, România ) is a country located at the crossroads of Central, Eastern, and Southeastern Europe. It borders Bulgaria to the south, Ukraine to the north, Hungary to the west, Serbia to the southwest, Moldova to the east, and ...
,
Russia
Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-eig ...
and
Serbia
Serbia (, ; Serbian: , , ), officially the Republic of Serbia (Serbian: , , ), is a landlocked country in Southeastern and Central Europe, situated at the crossroads of the Pannonian Basin and the Balkans. It shares land borders with Hungar ...
. When it comes to non-European states, there are numerous detainees from
Nigeria
Nigeria ( ), , ig, Naìjíríyà, yo, Nàìjíríà, pcm, Naijá , ff, Naajeeriya, kcg, Naijeriya officially the Federal Republic of Nigeria, is a country in West Africa. It is situated between the Sahel to the north and the Gulf o ...
,
Algeria
)
, image_map = Algeria (centered orthographic projection).svg
, map_caption =
, image_map2 =
, capital = Algiers
, coordinates =
, largest_city = capital
, relig ...
,
Morocco
Morocco (),, ) officially the Kingdom of Morocco, is the westernmost country in the Maghreb region of North Africa. It overlooks the Mediterranean Sea to the north and the Atlantic Ocean to the west, and has land borders with Algeria t ...
,
Uzbekistan
Uzbekistan (, ; uz, Ozbekiston, italic=yes / , ; russian: Узбекистан), officially the Republic of Uzbekistan ( uz, Ozbekiston Respublikasi, italic=yes / ; russian: Республика Узбекистан), is a doubly landlocked co ...
,
Kazakhstan
Kazakhstan, officially the Republic of Kazakhstan, is a transcontinental country located mainly in Central Asia and partly in Eastern Europe. It borders Russia to the north and west, China to the east, Kyrgyzstan to the southeast, Uzbeki ...
and
Mongolia
Mongolia; Mongolian script: , , ; lit. "Mongol Nation" or "State of Mongolia" () is a landlocked country in East Asia, bordered by Russia to the north and China to the south. It covers an area of , with a population of just 3.3 million, ...
. There are mostly only few individuals of other nationalities.
Republic of Ireland
In the
Republic of Ireland
Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland. The capital and largest city is Dublin, on the eastern ...
, a person may also be held on remand during trial.
United Kingdom
In
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
, a suspect may be remanded after charge if:
*The suspect has been charged with a serious crime
*The suspect has been convicted of a serious crime in the past
*The suspect has breached bail conditions or failed to surrender either now or in the past
*The police believe the suspect may not appear in court
*The police believe the suspect may commit another crime if released on bail
Remanding a suspect following arrest and until their first hearing at a
magistrates' court
A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings.
Courts
* Magistrates' court (England and Wales)
* Magistrate's Cou ...
is a decision made by the police using the criteria set above. Any such person ‘remanded in police custody’ will be transported from the police cells to the next available sitting magistrate's court. This may be the same day, or may require the remanded individual to stay in police custody overnight or over the weekend. At the first hearing, the court will decide whether it necessary to remand the suspect until the end of the trial. If the suspect is not remanded the court may issue bail conditions for suspect to abide to until the trial. Adults will be held on court remand at a regular prison, while those below the age of 18 will be held at a secure centre for young people.
If a remanded suspect is convicted and given a prison sentence, the time they spent on remand is deducted from the length of the sentence. In some cases, a convicted suspect has been released immediately after being sentenced, if the time they spent on remand was longer than or equal to the sentence they received.
United States
The
Eighth Amendment to the United States Constitution
The Eighth Amendment (Amendment VIII) to the United States Constitution protects against imposing excessive bail, excessive fines, or cruel and unusual punishments. This amendment was adopted on December 15, 1791, along with the rest of the ...
prohibits
excessive bail
The Excessive Bail Clause of the Eighth Amendment to the United States Constitution prohibits excessive bail set in pre-trial detention. If a judge posts excessive bail, the defendant's lawyer may make a motion in court to lower the bail or appe ...
. Under th
US Code pretrial detention of federal suspects is allowed only under certain circumstances, such as when the defendant is a danger to witnesses or jurors.
Impact
Studies of pretrial detention in the United States have found that it significantly increases the probability of conviction and the length of sentences, largely because individuals who would otherwise be acquitted in trial enter guilty pleas.
Studies have found that pretrial detention also lowers the defendants' prospects in the labour market,
and contributes to poverty traps whereby individuals unable to pay bail end up accruing more debt.
A 2017 study, using data from New York City, found that pretrial detention increases the likelihood of
recidivism.
Criticisms
Pre-trial detention has been described as a "necessary evil".
A 2013 report by the
Centre for Crime and Justice Studies concluded that pre-trial detention was being overused worldwide, and that most were being held for minor crimes. A 2014 report by the
Open Society Foundations called it a "massive and widely ignored pattern of human rights abuse".
A person must be found guilty "beyond
reasonable doubt
Beyond a reasonable doubt is a legal standard of proof required to validate a criminal conviction in most adversarial legal systems. It is a higher standard of proof than the balance of probabilities standard commonly used in civil cases, bec ...
" in order to be convicted at a trial. However, pre-trial detention requires a lower threshold such as "
reasonable suspicion
Reasonable suspicion is a legal standard of proof in United States law that is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch; it must be based on "specif ...
".
In most countries, the prosecution only need to prove that the charges are well-founded and that there is a sufficient threat that the defendant will commit another crime or undermine the judicial process. In the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
, the system of
money bail means that a defendant can be detained even if neither of these threats can be identified, solely because nobody was willing or able to deposit the bail money for them.
In the ''
Harvard Law Review'', Stephanie Bibas also noted its impact on
plea bargaining. Pretrial detention alters a defendant's incentives by making his or her best-case scenario not zero days in jail, but the length of time served pretrial. Therefore, a defendant may be more likely to plead guilty if the chance of acquittal is low, or if the expected sentence on a guilty plea is less than the amount of jail time that would be served pretrial. Pretrial detainees may also find it harder to mount an effective defence.
The Open Society Foundation report also concluded that some detainees face worse conditions than convicted prisoners; for example the suicide rate is three times higher worldwide.
In the U.S., pretrial detention has been found to negatively affect local labor markets, especially in areas with high percentages of Black residents, suggesting racialized collateral impacts on employment.
The July 2022 result of a ''
New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' examination of handwritten lists of names of Egyptian civilians imprisoned indefinitely in pre-trial detention exposed the mockery of the country’s legal limits. There have been no public records of the number of detainees held in pre-trial detention, but according to the ''Times'' analysis, more than 4,500 people were held under such system of pre-trial detention, some even for more than six months. The Egyptian judicial system has been criticized for falsely charging political opponents of
Abdel Fattah el-Sisi
Abdel Fattah Saeed Hussein Khalil el-Sisi; (born 19 November 1954) is an Egyptian politician and retired military officer who has served as the sixth and current president of Egypt since 2014. Before retiring as a general in the Egyptian mil ...
for ‘terrorist links’. Often no formal complaint is filed or evidence is presented, preventing detainees from legally fighting in their defense before getting locked up. Meanwhile, human rights groups estimate that at least 60,000 political prisoners have been detained in Egypt, including pretrial detainees and those tried and sentenced for suspicion of having terror links or intolerable political points of view.
See also
*
Arbitrary arrest and detention
Arbitrary arrest and arbitrary detention are the arrest or detention of an individual in a case in which there is no likelihood or evidence that they committed a crime against legal statute, or in which there has been no proper due process of l ...
*
Defence Regulation 18B
Defence Regulation 18B, often referred to as simply 18B, was one of the Defence Regulations used by the British Government during and before the Second World War. The complete name for the rule was Regulation 18B of the Defence (General) Regula ...
*
Extrajudicial detention
Administrative detention is arrest and detention of individuals by the state without trial. A number of jurisdictions claim that it is done for security reasons. Many countries claim to use administrative detention as a means to combat terrorism ...
*
Immigration detention
Immigration detention is the policy of holding individuals suspected of visa violations, illegal entry or unauthorized arrival, as well as those subject to deportation and removal until a decision is made by immigration authorities to grant a v ...
*
Law enforcement agency powers
A law enforcement agency (LEA) has powers, which other government subjects do not, to enable the LEA to undertake its responsibilities. These powers are generally in one of six forms:
*Exemptions from laws
*Intrusive powers, for search, seizu ...
*
Nightwalker Statute
Nightwalker statutes were Statutory crime, English statutes, before Police, modern policing, allowing or requiring Watchman_(law_enforcement), night watchmen to arrest those found on the streets after sunset and hold them until morning. Foremost ...
*
Powers of the police in England and Wales
The powers of the police in England and Wales are defined largely by statute law, with the main sources of power being the Police and Criminal Evidence Act 1984 and the Police Act 1996. This article covers the powers of police officers of territ ...
*
Quasi-criminal Quasi-criminal means a lawsuit or equity proceeding that has some, but not all, of the qualities of a criminal prosecution. It may appear in either a common law or a civil law jurisdiction. It refers to "a court's right to punish for actions or o ...
*
Restorative justice
*
Security certificate
In Canada, a security certificate is a legal mechanism by which the Canadian government can detain and deport permanent residents and all other non-citizens (i.e., foreign nationals) living in Canada.
It is authorized within the parameters of t ...
*
Summary jurisdiction Summary jurisdiction, in the widest sense of the phrase, in English law includes the power asserted by courts of record to deal ''brevi manu'' with contempts of court without the intervention of a jury. Probably the power was originally exercisable ...
*
Unlawful combatant
An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war and therefore is claimed not to be protected by the Geneva Conventions.
The Internat ...
References
{{DEFAULTSORT:Remand (detention)
Criminal law
Criminal procedure
Law enforcement agency powers
Law enforcement terminology