What is Remand in Law?
Remand is a legal term that refers to the act of detaining an accused person in custody while awaiting trial or sentencing. It is a common practice in criminal law where a judge orders the accused to be held in custody until further proceedings.
Types of Remand
- Pre-Trial Remand: This type of remand occurs when a person is detained before their trial in order to ensure that they do not flee or tamper with evidence.
- Post-Trial Remand: This type of remand happens after a person has been convicted and is awaiting sentencing or appeal.
Reasons for Remand
There are several reasons why a judge may order remand, including the seriousness of the offense, the likelihood of the accused fleeing, the potential danger to the community, or if the accused has a history of not showing up for court appearances.
Case Studies
One famous case of remand is that of Martha Stewart, who was remanded in 2004 after being found guilty of insider trading. She spent five months in prison before being released on parole.
Statistics on Remand
According to the Bureau of Justice Statistics, in 2018, there were over 450,000 people in pre-trial detention across the United States.
Conclusion
Remand is a crucial part of the legal process to ensure the accused person’s presence in court and maintain the integrity of the justice system. While it can be a challenging experience for the accused, it is necessary to uphold the rule of law.
