Pretrial detention

Remand or pre-trial detention or provisional detention is the process of keeping a person who has been arrested in custody before conviction. Those charged with serious crimes may be held in a remand prison until trial or sentencing. Varying terminology is used, but "remand" is generally used in common law jurisdictions. Continued detention after conviction is referred to as imprisonment.

Because imprisonment without trial is contrary to the presumption of innocence, in liberal democracies pre-trial detention is usually subject to safeguards and restrictions.

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. 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.

The prohibition of prolonged detention without charge, habeas corpus, was first introduced in England about a century after Magna Carta; the use of habeas corpus ad subjiciendum in 1305 was cited by William Blackstone.

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 familiarized 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.

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