Remand

Remand is the imprisonment of suspects awaiting trial or sentencing. A prisoner who is denied or refused bail, or who is unable to post bail, may be held in a prison on remand.

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 interfere with witnesses
the suspect is likely to commit further offences before their trial
the suspect is believed to be in danger from accomplices, victims, or vigilantes

In most countries, remand prisoners are considered innocent until proven guilty by a court and may be granted greater privileges than sentenced prisoners, such as

wearing own clothes rather than prison uniform
voting in elections
may be entitled to additional visiting hours per week

Remand prisoners are usually detained separately from sentenced prisoners, however, due to prison overcrowding they are sometimes held in a shared accomodation with sentenced prisoners.

Remand can cause hardship and a punishment for a suspect, even though not yet convicted of any crimes or sentenced.

Criticism

In the United States and Canada, more than half of persons currently being incarcerated are remand prisoners, generally those awaiting trial. Most face modest demands for bail that they simply don't have the resources to raise. The burden falls heavier on poor defendants, and as a result disproportionately on groups like African-Americans, Hispanics, and native Americans. In many cases, defendants face a lesser criminal penalty for a conviction than they actually spend awaiting their trial date. In the United States, the most common sentence handed out for a guilty verdict is now "time served". In Canada, the practice of crediting the defendant with two days against sentence for every one day spent in pre-trial custody has arisen. However, in both cases, this practice tends to deny the prisoner the opportunity for parole (which is often available to prisoners who have served at least one-third of their custodial sentence) or time off for good behavior (which is often automatic after a prisoner has served two-thirds of their sentence).

In addition, remand facilities are often run at the municipal level. They tend to be much older facilities than penitentiaries or reformatories, and many date back to the 19th century. Many are overcrowded and are subject to a high degree of turnover. Prisons like New York City's Riker's Island and Toronto's Don Jail have become as notorious as high security prisons for violence. In Canada, the rule is now that one day spent in remand in "The Don" is counted as three days against any eventual sentence that may be imposed.

Additionally, remand prisons often find themselves home to the mentally ill, as mental health facilities are closed.

Remand

Criticism

See also