| 释义 |
remand
vb. 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 offence 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. Traditionally, remand in custody was 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 (the “eight-day rule”). However, the court could remand a suspect for a further period (or any number of further periods) of eight days after the end of the original remand order. Following claims that eight-day remand hearings served no useful purpose and wasted 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 abolition of the eight-day rule was extended, by the Criminal Procedure and Investigations Act 1996, to those under 17 for offences alleged to have been committed on or after 1 February 1997. 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 to local authority accommodation. Under the Criminal Justice and Public Order Act 1994, the court may remand a juvenile offender to secure accommodation in a community home or a registered children’s home, provided the charge or conviction is for a violent or sexual attack, the offence is one for which an adult could be imprisoned for at least 14 years, or there is a recent history of absconding and the charge or conviction relates to an imprisonable offence committed while remanded to the local authority. As a result of major amendments to the Children and Young Persons Act 1969, the minimum age for being remanded to secure accommodation has been reduced to 12. |