Remand is detention for those awaiting legal proceedings, often in jails or specialized facilities. Reasons for remand include inability to afford bail or denial of bail. Pre-trial detainees have access to lawyers and law libraries. Remand is controversial globally and can contribute to prison overcrowding and indefinite detention.
Remand is a form of detention in which a person is held in a government facility pending legal proceedings such as a trial. Persons in detention are usually held in jails instead of prisons, or are held in specialized remand facilities. These prisoners are not guilty of any crime and are not treated as offenders, even though they are deprived of their liberty and usually have their activities restricted while in custody for security reasons.
There are two reasons why someone may be remanded in custody. The first reason is the inability to afford bail. Sometimes bail is too high for anyone to afford or a bail bondsman will not take out a bond to allow someone to be free on bail. In these situations, people have to remain in detention because they cannot post bail to be released. This reason for remaining in detention is common to many undocumented migrants, who may find it difficult to contact family and friends to request bail assistance.
The second reason is a denial of bail. Bail can be denied to accused prisoners for a variety of reasons, ranging from concerns for their safety if they are released to a belief that the prisoner is a flight risk and will not return for legal proceedings. In these cases, the judge usually explains why the prisoner cannot be released on bail, and the prisoner’s attorney can present a counterargument in an attempt to obtain a release on bail.
Those in pre-trial detention are awaiting legal proceedings. They are periodically removed from detention for hearings and other events related to their cases, and are also taken to court for the trial itself. They also have the right to access a lawyer and to meet privately. Some facilities also have law libraries that inmates can use when researching their cases so they can learn more about the legal process and the specifics of their own cases.
Globally, pre-trial detention is a highly controversial issue. In some nations, the number of people detained awaiting legal proceedings is greater than the number of people who have actually been convicted and sentenced to prison. Remand contributes significantly to prison overcrowding in countries where large numbers of people await hearings and people may wait years for legal proceedings to begin. Some governments have been accused of using remand to detain people indefinitely without trial.
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