Remand Meaning: Definition, Examples, and Translations
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remand
[rɪˈmænd ]
Definitions
legal context
To remand means to send a person back in custody or to place them back into the care of the court, usually during a legal proceeding. This term is often used when a judge determines that a defendant should be held until their trial. It can also refer to the act of postponing a case for further examination or hearings. Remanding is a crucial part of ensuring that legal processes are followed and that defendants have their rights protected during proceedings.
Synonyms
Examples of usage
- The judge decided to remand the suspect until the trial.
- After reviewing the evidence, the court chose to remand the case for further investigation.
- Defendants can be remanded if they pose a flight risk.
legal situation
Remand, as a noun, refers to the act of sending someone back into custody or the situation where a case is sent back to a lower court. It signifies a temporary hold after which further proceedings will occur. This often takes place after a preliminary hearing or during the trial process. The decision to remand is usually influenced by factors like the severity of the crime and the likelihood of the defendant reoffending.
Synonyms
Examples of usage
- The remand of the individual was necessary for judicial safety.
- The remand order came after the initial court hearings.
- He was placed on remand due to the serious nature of the allegations.
Translations
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Interesting Facts
Legal Terminology
- This term comes from the French word 'remander,' meaning to send back.
- Remand is often used in the context of bail, where a judge decides if someone should be released or kept in custody.
- It can happen during different stages of a legal case, such as after an initial hearing or while awaiting a trial.
Historical Context
- The practice of remanding dates back to early legal systems in Europe, particularly rooted in English common law.
- In some countries, remand can last for long periods, highlighting concerns over justice system delays.
- Historical cases have included high-profile criminal trials where the defendants were remanded for extended durations before trial.
Psychological Perspective
- Being remanded can cause significant stress and anxiety for individuals awaiting trial, impacting mental health.
- Research shows that individuals in custody experience higher levels of uncertainty, which can affect their behavior during trials.
- Studies indicate that pre-trial detention can lead to worse outcomes in court decisions for the accused.
Cultural Representation
- Movies and TV shows often depict the remand process to heighten tension during a legal drama.
- Some documentaries focus on remand centers, shedding light on the lives of people waiting for their day in court.
- Fictional characters in crime novels sometimes experience unexpected remands that drive the plot forward.
Public Perception
- Opinions vary widely on the fairness of remand; some argue it is necessary for safety, while others see it as punitive.
- Public discussions often arise about the conditions of remand facilities and the treatment of those held there.
- Recent reforms in various legal systems focus on reducing unnecessary remands, advocating for alternatives like electronic monitoring.
Origin of 'remand'
The term 'remand' has its origins in the late Middle English period, derived from the Old French word 'remander,' which means 'to send back, to return.' It can be traced back to the Latin 'remandare,' meaning 'to send back again.' As legal practices evolved, 'remand' became commonly used in court systems to describe the act of sending a person back to custody. The application of the term expanded over time, especially in common law jurisdictions, reflecting changes in legal definitions and the procedural aspects of law. By the 20th century, remand became a standard legal term across various English-speaking countries, used prominently within the judicial system to ensure the proper handling of defendants during pre-trial and trial phases.