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The Criminal Process

The Criminal Process (5th edn)

Liz Campbell, Andrew Ashworth, and Mike Redmayne
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date: 29 January 2022

p. 2368. Remands before triallocked

p. 2368. Remands before triallocked

  • Liz Campbell, Liz CampbellFrancine McNiff Chair of Criminal Jurisprudence, Monash University
  • Andrew AshworthAndrew AshworthEmeritus Vinerian Professor of English Law, University of Oxford
  •  and Mike RedmayneMike RedmayneThe Late Professor of Law, London School of Economics

Abstract

The impact on the liberty of a defendant is an important issue and this chapter analyses remand decisions, scrutinizing the justifications for taking away liberty before trial. It also considers the law relating to remands as well as the treatment of unconvicted defendants, the treatment of victims and potential victims, procedural justice and remand decisions, and, finally, equal treatment in remand decisions. The principal focus in this chapter is on the court’s decision whether to remand on bail or in custody between first appearance and trial. Also discussed are the issues of principle raised by the law and practice.

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