Remand, also known as 

pre-trial detention, preventive detention, or provisional detention, is the process of detaining a

person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a
prison or detention centre or held under house arrest. Varying terminology is used, but "remand" is generally used
in common law jurisdictions and "preventive detention" elsewhere. However, in the United States, "remand" is rare except in
official documents and "kept in custody until trial" is used in the media and even by judges and lawyers in addressing the
public. Detention before charge is referred to as custody and continued detention after conviction is referred to
as imprisonment.
Because imprisonment without trial is contrary to the presumption of innocence, pretrial detention in liberal democracies is
usually subject to safeguards and restrictions. Typically, a suspect will be remanded only if it is likely that he or she could
commit a serious crime, interfere with the investigation, or fail to come to the trial. In the majority of court cases, the suspect
will not be in detention while awaiting trial, often with restrictions such as bail.
Research on pre-trial detention in the United States has found that pre-trial detention increases the likelihood of convictions,
primarily because individuals who would otherwise be acquitted or have their charges dropped enter guilty pleas. [1][2] A 2021
review of existing research found that "the current pretrial system [in the US] imposes substantial short- and long-term
economic harms on detained defendants in terms of lost earnings and government assistance, while providing little in the
way of decreased criminal activity for the public interest... the costs of cash bail and pretrial detention are disproportionately
borne by Black and Hispanic individuals, giving rise to large and unfair racial differences in cash bail and detention that
cannot be explained by underlying differences in pretrial misconduct risk." [3]

Contents

 1Detention before charge or trial

o 1.1Czech Republic
o 1.2People’s Republic of China
 1.2.1Requirements
 1.2.2Review of the necessity of detention
 1.2.3During custody
o 1.3Republic of Ireland
o 1.4United States
o 1.5Sweden
 2Detention during trial
o 2.1Czech Republic
 2.1.1Conditions in Czech remand prisons
o 2.2Republic of Ireland
o 2.3United Kingdom
o 2.4United States
 3Impact
 4Criticisms
 5See also
 6References

Detention before charge or trial[edit]

The pre-charge detention period is the period of time during which an individual can be held and questioned by police, prior
to being charged with an offence.[4] Not all countries have such a concept, and in those that do, the period for which a person
may be detained without charge varies by jurisdiction.[5]
The prohibition of prolonged detention without charge, habeas corpus, was first introduced in England about a century after
the 1215 Magna Carta; the use of habeas corpus ad subjiciendum in 1305 was cited by William Blackstone.

Czech Republic[edit]
Czech Police station in Teplice

Under Article 8 of the Charter of Fundamental Rights and Basic Freedoms of the Czech Republic, which has the same legal
standing as the Czech Constitution, a suspect must be immediately familiarised with the grounds of detention, must be
interviewed and within 48 hours either released or charged and handed over to a court. The court then has a further 24
hours either to order a custody, or to release the person detained. [6]
Detailed rules of detention are included in the Criminal Procedural Code. The police may arrest and detain a suspect after
obtaining prosecutor's consent. In an urgent case the police may detain a suspect without the consent. In both cases,
however, the police detention may take place only when grounds for pre-trial detention exist (see below).[7] The statutory
limits of 48 + 24 hours must be complied with and reaching the time limit should aways trigger immediate release, unless a
court has ordered pre-trial custody.[8]
Anybody may detain a person, who was caught while perpetrating a crime (not a misdemeanor) or immediately after it, when
capturing of the perpetrator is necessary to either ascertain the perpetrator's identity or to prevent the perpetrator from
escaping or to secure evidence. The perpetrator must immediately be handed over to the police, or when that is not
possible, detention of the perpetrator must be immediately reported to the police. [9]