Remand (detention)

Remand (detention)

The remand or detention of a suspect is the process of keeping a person who has been arrested in custody, normally in a remand prison. The word "remand" is used generally in common law jurisdictions to describe pre-trial detention, other legal systems use varying terms and phrases, such as "Häktning" in Sweden. Pre-trial detention differs fundamentally from post-adjudicatory detention, or imprisonment.

In many western style democracies imprisonment without trial is considered to be in contradiction to the idea that a suspect is innocent until proven guilty, and for this reason pre-trial detention is usually subject to safeguards and restrictions as to its permissible duration. However the presumption of innocence precept came under sustained attack during the first decade of the 21st century, ostensibly as part of the "War on Terror".

Where the courts cannot be persuaded that a suspect should be remanded in custody ahead of trial - for instance in the interests of "public safety" - a suspect will be released on bail until trial (or, in some cases, sentencing).