Remand

Remand is a legal process by which a person accused of a crime is kept in custody or returned to a court for further proceedings. In criminal procedure, remand typically refers to the practice of keeping an arrested person in custody while awaiting trial, as opposed to releasing them on bail. A defendant may be remanded on the order of a judge or magistrate, or may be remanded on bail with conditions designed to ensure appearance in court.

In appellate procedure, remand means sending a case back from a higher court to a lower court for additional action. The remanding court may issue instructions, require further fact-finding, or direct the lower tribunal to implement a specific ruling. A remand can occur when the record is incomplete or legal errors require correction through further proceedings.

The term can also apply in administrative or civil contexts, where a case or issue is sent back to a lower or different tribunal for reconsideration or new evidence. The remand process varies by jurisdiction, but the core concept is returning a matter to an earlier stage for further handling rather than issuing a final resolution. The outcome can be a continued custody status, renewed opportunities for evidence or defense, or new proceedings in the appropriate forum.

Etymology and usage notes: the term derives from the idea of sending a matter back to another court or stage in the process rather than final disposition at the current level. In everyday usage, "on remand" or "remanded in custody" are common phrases in common law systems.