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Topic: Remand


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In the News (Sat 30 Aug 08)

  
  2006 Employee Giving Program - Spiritual development
At the end of September 2003, the number of women on remand was 1,062, nearly a quarter (22 per cent) of the female prison population.
Women on remand constitute one of the fastest-growing groups within the prison population: In one year between 2001 and 2002 the number of women imprisoned awaiting trial increased by 20 per cent.
In 2002 the average age of a remand prisoner was 29.
www.metrokc.gov /giving/spiritualdevelopment_facts.html   (698 words)

  
 HALLEX I-4-3-1
Courts of appeals generally remand to the district court with directions to remand the case to the Commissioner, although occasionally, courts of appeals remand directly to the Commissioner.
A case may be remanded in conjunction with a judgment affirming, modifying or reversing the prior final decision under sentence four.
If the remand order can be processed without additional instructions from the AC, the analyst in the CCPRB will prepare a standard remand order and release the case to the hearing office (with a copy of the Court's remand attached).
www.ssa.gov /OP_Home/hallex/I-04/I-4-3-1.html   (799 words)

  
  Canllaw Online
Remand can mean conditional or unconditional bail (where you are allowed to go free until the start of the hearing, often with conditions) or it can mean being held somewhere until your case begins.
Remand should last up until your hearing begins, which can be anything from a few days to, in rare circumstances, nine months.
Being held on remand can be a frustrating time, as you may not have committed any crime and your freedom is restricted whilst you wait to put your side of the story forward.
www.canllaw-online.com /fe/law.asp?nodeidl2=523&level=3&nodeidl3=845   (227 words)

  
 Prison Reform   (Site not responding. Last check: )
Those on remand and short sentences are not inside for long enough for these programmes to make a difference – but they are there long enough to lose their jobs, their family relationships, and even their homes.
The Reform Remand campaign is calling on the government to take urgent action to improve the treatment of, and conditions for, people held in prison awaiting trial and for a reduction in the needless use of custodial remand.
Remand prisoners are more likely than sentenced prisoners to have a history of living in unstable or unsuitable accommodation.
www.innocentuntilprovenguilty.com /pressrelease1.html   (1419 words)

  
 Legal Definition of Remand
REMAND - When an appellate court sends an appealed case back to the trial court for further action, the case is said to be remanded.
If the appellate court decides that the evidence should have been admitted and that the exclusion of the evidence was prejudicial to the party offering it, the appellate court would likely remand the case for new trial and order the evidence introduced.
When a prisoner is brought before a judge on a habeas corpus for the purpose of obtaining his liberty, the judge hears the case and either discharges him or not; when there is cause for his detention, he remands him.
www.lectlaw.com /def2/q030.htm   (216 words)

  
 Backlog inmates rotting on remand - National - theage.com.au
She said time spent on remand was taken into account when judges decided jail terms.
Prisoners in the new 600-bed $130 million Metropolitan Remand Centre, which is expected to begin taking prisoners in the next couple of weeks, will also be able to work while on remand.
Remand prisoners will be able to work in the kitchen, laundry, woodworking or metal shop or in the garden.
www.theage.com.au /news/national/backlog-inmates-rotting-on-remand/2006/04/29/1146198391634.html   (583 words)

  
 Tougher laws bring rise in remand prisoners - National - smh.com.au
In NSW the number of prisoners on remand has increased even faster, with the numbers going from 808 in 1996 to 2131 this year, an increase of 164 per cent.
Dr Weatherburn said the increased numbers of remand prisoners in NSW could be attributed in part to changes in the law making it harder to get bail.
Dr Baldry said part of the increase in remand numbers could be explained by the desire of politicians to assure the public they were removing risks from society.
www.smh.com.au /news/national/tougher-laws-bring-rise-in-remand-prisoners/2007/01/03/1167777155931.html   (703 words)

  
 Ministry of Justice: Publications: Reports: 1998: Census of Prison Inmates 1997: Remand Inmates
The prisons with the largest remand populations were Mt Eden (male) with 183 remand prisoners (35% of all remand inmates), Waikeria with 100 inmates (19% of all remand inmates), and Christchurch (male) with 77 remand inmates (15% of all remand inmates).
Remand inmates were also asked if they were caring for children on their own prior to being remanded in custody.
Twenty-seven of the remand inmates who were caring for children on their own prior to being in custody indicated that their partner was looking after the children in their absence, and 13 of the inmates indicated that their mother or father was looking after the children.
www.justice.govt.nz /pubs/reports/1998/prison_census/chapter_15.html   (2365 words)

  
 [No title]
The remand affects NTN, Koyo Seiko Co., Ltd. (Koyo), and NSK Ltd. (NSK) with respect to the antidumping duty orders on ball bearings (BBs), cylindrical roller bearings (CRBs), and spherical plain bearings (SPBs) from Japan for the period May 1, 1995, through April 30, 1996.
Upon reviewing the record on remand, we have determined that we did not inform NTN of the nature of the deficiency or provide NTN with an adequate opportunity to remedy or explain the deficiency pursuant to section 782(d) of the Act.
The Court remanded AFBs 7 to the Department to clarify whether NTN was provided with notice and opportunity to respond pursuant to sections 776 and 782 of the Act with regard to the costs of affiliated-party inputs in its COP and CV data.
ia.ita.doc.gov /remands/00-64.htm   (2293 words)

  
 Remand - Wex
When an appellate court reverses the decision of a lower court, the written decision often contains an instruction to remand the case to the lower court to be reconsidered in light of the appellate court's ruling.
Cases are also remanded to Federal agencies for reconsideration in disputes over regulation or administrative decisions.
A prisoner is said to be remanded when she is sent back into custody to await trial.
straylight.law.cornell.edu /wex/index.php?title=Remand&redirect=no   (115 words)

  
 Essex County Prosecutors Office
The Essex County Special Remand Court was established in June, 1990 to address a significant backlog in processing indictable cases.
Remand Court is not appropriate for the most serious indictable cases, nor for the usual Municipal Court case; but for middle-level criminal situations, it allows greater flexibility in the exercise of prosecutorial discretion, improves efficiency, maintains protection of defendants' rights, and imposes appropriate sentences.
Special Remand Court is a high volume court that is intended to dispose of 200 or more cases per month, compared to the 40 cases per month in each of the post-indictment Superior trial courts.
www.njecpo.org /remand.htm   (340 words)

  
 M.P.E.P. Section 1211, Remand by Board (BitLaw)
For example, the Board may remand for a fuller description of the claimed invention and, in the case of a machine, a statement of its mode of operation.
The Board may also remand a case to the examiner for further search where it feels that the most pertinent art has not been cited, or to consider an amendment, affidavit, or declaration.
Pursuant to the Remand under 37 CFR 1.193(b)(1) by the Board of Patent Appeals and Interferences on [1], a supplemental Examiner's Answer is set forth below: [2].
www.bitlaw.com /source/mpep/1211.html   (285 words)

  
 Tagging Trial Should Keep Remand Prisoners Out of Jail - Technology - RedOrbit   (Site not responding. Last check: )
TEN REMAND prisoners have put their hands up to take part in a new scheme which allows them to await trial on home detention.
The system will also ensure "people remanded on EM bail are not exposed to the negative influences that contact with hardened criminals would otherwise present", said national manager of the police prosecution service, Superintendent Graham Thomas.
High numbers of remand prisoners detained with sentenced prisoners placed prison staff in a difficult and dangerous situation, he said.
www.redorbit.com /news/technology/677971/tagging_trial_should_keep_remand_prisoners_out_of_jail/index.html?source=r_technology   (387 words)

  
 LUBA Remand
LUBA will remand a decision that improperly construes applicable law.1 Many decisions are remanded under this standard.
LUBA will also remand a decision if the local government fails to follow proper procedures to such an extent that the failure "prejudiced the substantial rights of the petitioner."10 Land use participants commonly feel they have been treated unfairly, but LUBA remands very few decisions under this standard.
Only when serious procedural errors were made is a remand likely.11 Procedural problems, which can range from minor flaws in the notice procedure to a hostile planning staff or decision maker, but which have no provable effect on the outcome of the case, do not provide a basis for remand.12
jeffnet.org /~hugo/lubabro.htm   (702 words)

  
 Project Remand, Inc.
Project Remand, a private, non-profit organization, has provided a comprehensive program of adult pretrial services since 1973.
Project Remand helps Ramsey County reduce jail population pressures by offering alternatives to traditional detention while promoting public protection and lawful behavior through pretrial services.
Project Remand is located in the Ramsey County Government Center West Building, in St. Paul, Minnesota.
www.projectremand.org   (147 words)

  
 WCB Case No. 91-12398 Order on Remand (Remanding to Director's Appellate Unit
SAIF argued, however, that our failure to remand was harmless error because claimant did not appear for his physical examination with the arbiter, who based his finding of permanent impairment on an examination of the medical records.
A Board order which remands to the Director for further proceedings is not a final order for purposes of ORS 656.298 and, therefore, not presently subject to judicial review.
However, when an order of remand addresses two or more separate aspects of a claim and finally determines one of those issues, then the decision of that issue is appealable to the Court of Appeals.
www.cbs.state.or.us /wcb/1997/remand/feb/9112398a.htm   (1296 words)

  
 Alaska Division of Community Advocacy
Upon remand by the superior court, the Local Boundary Commission will discuss the Kachemak Emergency Service Area (KESA) and the effect on KESA of the 4.58 square mile annexation to the City of Homer that occurred March 20, 2002.
Click HERE to view proposed LBC procedures to discuss, on remand by the superior court, the Kachemak Emergency Service Area (KESA) and effect on KESA of the 4.58 square mile annexation to the City of Homer that occurred March 20, 2002.
DCED Preliminary Report on Homer Annexation Remand - Public Comment on the report must be received by LBC Staff by September 2, 2004, 4:30 PM to be considered.
www.dced.state.ak.us /dca/lbc/homer_annex_remand.htm   (348 words)

  
 Ruling on Motion to Remand 10/96
In a case similar to the present one, the Ninth Circuit remanded to state court a suit alleging only violations of California's antitrust law, notwithstanding the fact that the defendants were primarily engaged in interstate commerce.
However, the relief sought for plaintiff's antitrust claim does not appear particularly national in character, indeed, of the elements of "national relief" defendants enumerate, only one, disclosure of tobacco research, is actually requested in plaintiff's antitrust count.
The action is remanded to the Connecticut Superior Court, Judicial District of Stamford/Norwalk.
stic.neu.edu /Ct/remand10-96.htm   (1486 words)

  
 BBC NEWS | South Asia | Hope for India's remand prisoners
Under the provision, inmates must be released if they have served time on remand equal to half the maximum prison tariff for the offence they are to be tried for.
Human rights activists say there are many reasons behind the rising remand population - the police take months to file charges, lawyers delay filing cases, judges are absent leading to frequent adjournments and the accused are not produced in time.
No wonder then that India is rife with sorry tales of remand prisoners being released after wasting away their entire lives in jails.
news.bbc.co.uk /2/hi/south_asia/5116332.stm   (807 words)

  
 Olsen's Response to DEA's Motion for Remand - September 21, 1993
As the respondent now admits, this requirement was not met, and respondent now claims it is requesting this Court to remand the matter so that it may accept my petition for filing in accordance with regulations.
Since the DEA has already ruled on the merits of my petition, the only possible reason for a remand would be because the DEA didn't make a reasonable decision on the merits of my petition and now wants to hold an administrative hearing before an administrative law judge to correct its error.
If the DEA simply plans to deny the petition again after it is accepted for filing, then there is no reason for a remand, because a final ruling has already been made and such a remand would simply be a waste of judicial resources and an unnecessary delay.
mojo.calyx.net /~olsen/DEA/remand-r.html   (607 words)

  
 Prisoners' Families Helpline: Remand
The majority of those who are in custody on remand are remanded in custody awaiting trial and have not been convicted of a criminal offence.
Prisoners held on remand awaiting trial are not normally categorised but would generally be treated as category B. However, if the Prisoner is assessed as a category A prisoner, they will be held in this way.
The regime and entitlements for remand prisoners awaiting trial are different to those of convicted prisoners.
www.prisonersfamilieshelpline.org.uk /php/bin/readarticle.php?articlecode=9279   (1509 words)

  
 Definition of remand - Merriam-Webster Online Dictionary
Middle English remaunden, from Anglo-French remander, from Late Latin remandare to send back word, from Latin re- + mandare to order — more at mandate
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www.m-w.com /dictionary/remand   (78 words)

  
 SEC Speech: Mutual Fund Governance - Response to the Remand: June 29, 2005 (Commissioner Roel C. Campos)
The Commission in its Response to the Court's Remand has carefully considered the adequacy of the existing record and the need for further fact finding to properly consider and to follow the Court's direction on remand.
It is clear under Circuit cases that the agency is free on remand to determine whether supplemental fact-gathering is necessary and sufficient to address on remand the court-identified deficiencies.
There has been a consistent reporting in the press that advocates for the Chamber's position claim that any action in response to the Court's remand that does not include a new notice and comment period is somehow improper and disrespectful to the Court of Appeals.
www.sec.gov /news/speech/spch062905rcc.htm   (2020 words)

  
 Commentary: Recent representational removal rulings require remand Daily Record and the Kansas City Daily News-Press - ...
After the replacement representative was allowed in the case, the manufacturer attempted to remove the case to federal court under CAFA, asserting that replacement of the class representative commenced a new action after CAFA went into effect.
The trial court judge disagreed and remanded the case, and the 8th Circuit affirmed.
Accordingly, the remand order was appropriate and the case remained in state court.
www.findarticles.com /p/articles/mi_qn4181/is_20060517/ai_n16368151   (911 words)

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