Pakistani Law Physical custody of the accused is called in common language as physical rem and i.e when an accused is sent to custody of police, by magistrate, it is called physical rem and. Whereas when the accused is sent to judicial lock up/jail, it is called judicial rem and.
How long can a minor be held in police custody UK?
The police can hold you for up to 24 hours before they have to charge you with a crime or release you. They can apply to hold you for up to 36 or 96 hours if you’re suspected of a serious crime, eg murder.
Why physical remand is important?
Remand is very important because of brutal methods used by police during investigation or physical remand. Further bail application can only be moved after accused send to judicial magistrate. Judicial remand and physical remand are different from each other.
How many types of remand are there?
Kinds of Remand Judicial Remand. 3. Transit Remand. when accused is sent back to custody of police.
Can juveniles be remanded in police custody?
In police custody, children are defined as those aged 16 years and under, whilst 17 year olds are treated as adults. Children may find themselves detained for up to 24 hours or more in police custody, particularly if they are charged and then refused bail.
How long can the police keep a minor in custody?
How long police can hold you in custody depends entirely on the circumstance. Generally, the standard time the police can hold you for is 24 hours until they will need to charge you with a criminal offence or release you. In exceptional circumstances, they can apply to hold you for longer, up to 36 or 96 hours.
Can police question a 17 year old without parents UK?
Police are free to approach and question any child who may have witnessed or been the victim of a crime, just as they can contact and interview an adult. Police can question a child without a parent present and are not required to obtain permission from a parent before questioning the child.
What is difference between remand and custody?
The time period of police custody is 15 days after this period gets over, the magistrate if thinks fit can remand the person to judicial custody where the maximum time period for detention is 90 days for non-bailable offences punishable with the death penalty or imprisonment for 10 years or more and 60 days in case of …
What happens after remand period is over?
Extension of Remand: In other words, if the judicial magistrate is satisfied that for the purposes of investigation the accused person be detained beyond the period of 15 days, he can authorize further detention of the accused.
Can you be released on remand?
Remand means that you will not be given bail and must stay in prison while your trial is going on.
What is the procedure for remand?
The remand under S. 209(b) relates to the stage when the magistrate commits the case, he can remand the accused to the custody during and until the conclusion of the trial subject to the provisions of bail under the code and finally remand under S.
Can a magistrate refuse remand?
Conclusion: If the prima facie accusation or information is not well founded and sufficient grounds do not exist for the Magistrate to exercise his power of remand, in such cases, remand of accused can be refused.
What is legal remand?
Law. a. to send (a prisoner or accused person) back into custody, as to await trial or further investigation. b. to send (a case) back to a lower court for additional proceedings.
Can a 16 year old be remanded?
5.1 15 and 16-year-old boys may be remanded by a court direct to prison (YOI) custody, but only if strict conditions are met. 5.2 17-year-old boys and girls can only be remanded into prison custody. 6.1 A YOT will be informed when a young person is appearing at court.
Can children be remanded?
Remand in custody If a child is charged with an offence and is refused bail, they must be remanded. All children who are charged with an offence and refused bail must be remanded into local authority accommodation, or (where certain criteria are met) youth detention accommodation.
Can a 14 year old be charged with assault?
A juvenile can be charged with simple assault for injuring another person, threatening to or attempting to injure another person or even making another person afraid. In this day and age, fights, threats, and roughhousing that were once considered a part of growing up can lead to serious criminal charges.
What is the youngest age you can go to jail?
In the United States the age varies between states, being as low as 6 years in South Carolina and 7 years in 35 states; 11 years is the minimum age for federal crimes.
How long can police hold 13 year olds?
HOW LONG CAN POLICE HOLD A MINOR IN CUSTODY? Minors under 12 can only be detained at the police station for 6 hours. Minors between 12 and 17 can be detained for up to 12 hours for non- violent offenses and up to 24 hours for violent offenses.
Can a child be detained overnight?
Children may find themselves detained for up to 24 hours or more in police custody, particularly if they are charged and then refused bail. For some, this may mean spending the night in a police cell, which can be a worrying, frightening and intimidating experience (Quinn and Jackson, 2003: 43-44).
Can a child be charged with assault?
Children under 12 cannot be charged for any crime, and people 18 and older are considered adults and will go to adult court. The justice system is fully aware that a minor is not mature, which is why they must appear at Youth Court if they are arrested and charged.
Can police force you to come in for questioning?
No, not unless the police are arresting you. If the police want to question you about a crime that you might be witness to or are suspected having a part in then, they must summon you to the police station in writing.
Can police come to your house at night UK?
Police powers to enter your home or other private property. In general the police do not have the right to enter a person’s house or other private premises without their permission.
Can bail be granted in police custody?
If the offence is bailable, the police must release the arrestee upon a reasonable security; if it is non-bailable, only a court can order their release on bail. Yet, police high-handedness and a sluggish magistracy have been a lasting source of concern to the Supreme Court.
How many hours does it take to detain someone?
The 48-hour rule states that someone cannot be held in custody for longer than 48 hours from the time of arrest unless the judge has signed a complaint, making an initial determination that there is probable cause for the charge, or unless the judge finds there is probable cause to detain the person for a longer period …
Can police beat in judicial custody?
It is illegal for the police to slap, beat, threaten, intimidate or torture any person who is being held in custody.