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remand

To commit an accused person to custody or release him on *bail during an adjournment. After arrest a suspect is normally kept at the police station until he is brought before the magistrates. If the offence with which he is charged is triable summarily or is an indictable offence that is being tried summarily (see *offences triable either way), the court may adjourn the case and remand the accused. If the offence is being tried on indictment, the court may likewise adjourn the case and remand the accused before inquiring into the offence as examining justices. Remand in custody has traditionally been made for no more than eight clear days (excluding the day on which the accused was remanded and the day on which he is to appear again before the court). If the accused is to be remanded for more than eight days, he must normally be released on bail unless there is some special reason why bail should be refused. However, the court may remand a suspect for a further period (or any number of further periods) of eight days after the end of the original remand order. If the period of time spent on remand becomes excessive, the accused may apply for bail. Following claims that eight-day remand hearings serve no useful purpose and waste prison service resources, the Home Secretary was empowered in 1988 to provide remand periods not exceeding 28 days for accused persons aged 17 or over, in particular areas or classes of case. The first remand will still have to be for eight days. A defendant remanded in custody will be brought before the court at exactly the same stages as previously for the first two hearings, i.e. those at which the first substantive bail application is normally made. Thereafter the court will be able to remand either to the day it expects the next stage of the proceedings will take place or for up to 28 days, whichever is the shorter. Courts must give defendants an opportunity to make representations before remanding for more than eight days. So far, only magistratesí courts in Manchester, Nottingham, Croydon, and Highbury Corner have power to remand for up to 28 days. A remand order may also be made upon adjournment of a trial at any stage, at the request of either the prosecution or the defence, or after conviction, if the court wishes to obtain a report before sentencing. Bail must normally be granted, however, when remanding for reports.

Upon remand the suspect is sent to the local prison. *Juvenile offenders may be remanded instead in a special remand centre.

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