Remand Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Remand, written in plain English, along with examples of how it is used.

What is Remand?

(v) Remand is defined as returning to the lower authority for further action like re-trial, questioning, evidencing, witnessing etc. For example upper court remanding the case to trial court for revision of decision. Judge remanding an accused to the police custody

History and Meaning of Remand

Remand is a legal term that refers to a situation where a higher court sends a case back to a lower court for further action. This action could include a retrial, further questioning of witnesses, providing more evidence or clarifying anything that was unclear or incorrect in the earlier decision. Usually, remand is done when the higher court finds that justice has not been served or there was an error in the lower court's decision.

Examples of Remand

  1. A defendant who is sentenced for a crime by the lower court can ask for a remand if they want to appeal the decision. If the higher court grants the remand, the defendant gets to present additional evidence, and the case is sent back to the lower court for a new judgment.
  2. In a civil case, the higher court remands a case to a lower court for trial because the lower court failed to apply the correct legal terminology while making its judgment.
  3. A judge may also remand a person to police or jail custody while they wait for their next hearing.

Legal terms similar to Remand

  • Bail: A sum of money lodged with the court to guarantee that a person will show up for their court hearing.
  • Habeas Corpus: A legal term that ensures that people who are arrested are brought before a judge or court to ascertain whether they have been legally detained.
  • Acquittal: A verdict given by the court that the defendant is not guilty of the crime charged against them.