What Is a Remand Period?

What is a remand period?

A remand period is detention ordered by a court so the police can keep investigating before deciding whether to charge. A Magistrate authorises it. It is not a conviction, and it is not even a charge ^[f1].

Who orders remand and why

Remand gives investigators time to finish their work, such as checking bank records and taking statements. In mule-account cases, the Commercial Crime Investigation Department does this work ^[f2].

Remand is a step in an investigation, not a verdict. The person held has not been found guilty of anything, and their rights continue the whole time.

Rights during remand

The most important right here is the right to a lawyer. Under Article 5(3), a person can consult and be defended by a lawyer of their choice, and this applies during remand ^[f1].

A family member can contact a lawyer, confirm where the person is held, and arrange advice. Early advice helps the person understand the investigators’ questions and answer accurately ^[f2].

If you cannot afford a lawyer

Cost should never be the reason a family stays silent. The Legal Aid Department may give help at low or no cost to people who meet its income test, so ask about it straight away ^[f3].

Even a first consultation gives a family a plan: what to collect, who to contact, and what comes next. Acting early is better than waiting and guessing while someone is held ^[f1].

What happens when remand ends

When remand ends, one of two things happens. The investigators either bring the person to court to be formally charged, or release them while the investigation continues.

Release without a charge does not mean the case is closed. The police can still call the person back for another statement, or charge them later if new evidence turns up. Keep the documents and notes gathered during this time, even after the person goes home.

Sources

1. https://www.lawnet.com.my/federal-constitution
2. https://www.rmp.gov.my/
3. https://www.jbg.gov.my/