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REMAND (Lat. remandare)

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Originally appearing in Volume V23, Page 77 of the 1911 Encyclopedia Britannica.
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REMAND (See also:Lat. remandare) , a See also:term of See also:English See also:law meaning the return of a prisoner by See also:order of a See also:court to the custody from which he came to the court. Thus where an application for See also: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 See also:power to remand the accused into proper custody during any necessary See also:adjournment. Where a preliminary inquiry into an indictable offence is not completed at a single sitting, the prisoner, if not released on See also:bail, may be remanded to See also:prison or some other lawful See also:place of custody for a See also: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 See also:writing (Indictable Offences See also:Act 1848, 11 & 12 Vict. C. 42, s. 21). Similar See also:powers of remand or committal to prison during adjournments are given to justices in the exercise of their See also:summary criminal See also:jurisdiction, whether as to offences punishable only on summary conviction, or as to indictable offences with which it is proposed to See also:deal summarily (Summary Jurisdiction Acts 1848, s. 16, and 1879, s. 24). In the See also:case of charges against See also:children or See also:young persons, where the justices commit for trial or order a remand pending inquiry, or with a view to sending a See also:child to an See also:industrial school or a reformatory, they may remand to the workhouse or to some See also:fit custody instead of remanding to prison (Youthful Offenders Act 1901, s.

4). For this purpose remand homes have been established.

End of Article: REMAND (Lat. remandare)

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