Remand
Who is on remand?
There are different types of remand custody.
Until a prisoner is sentenced, the treatment they receive in custody reflects the fundamental principle that an individual is innocent until proven guilty.
The majority of those who are in custody on remand are remanded in custody awaiting trial and have not been convicted of a criminal offence.
A prisoner who is held on Judges Remand has been convicted and is waiting to be sentenced. As a rule once on Judges Remand a prisoner will follow the same regime as a convicted and sentenced prisoner.
Why does the court remand an individual in custody?
The Bail Act 1976 intends that, unless there are strong reasons to the contrary an individual will be remanded on bail with appropriate conditions attached.
There is no presumption in favour of bail where an individual has been charged with murder, attempted murder, manslaughter, rape or attempted rape.
The following are reasons for bail being refused
The individual has been accused of committing a particularly serious offence.
The individual has previous convictions for similar offences
There is reason to believe that the individual may disappear before their trial.
There is reason to believe that the individual may interfere with witnesses.
It is likely that the individual will commit further offences before their trial.
If an individual did not obey the terms of a previous community sentence, then custodial remand rather than bail maybe imposed.
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