CRIMINAL PROCEDURE ā Remand Proceedings ā Distinction Between Remand and Arraignment
Principle Statement
Remand means to send an accused to prison or send back to prison from a court of law to be tried later after further inquiries have been made. It also means to recommit an accused on trial to custody after a preliminary examination. The distinction between remand and arraignment is that in remand proceedings, the charge is not read to the accused and no plea is taken. Under Section 236(3), the magistrate may either remand the accused in prison or grant bail pending arraignment.
Ratio Decidendi (Source)
Per Tobi, JSC, in Lufadeju & Anor v. Johnson (2007) NLC-123-247-2001(SC) at pp. 19ā20; Paras CāA.
"What is remand? It means to send to prison or send back to prison from a court of law to be tried later after further inquiries have been made, often in the phrase 'remanded in custody'. It also means to recommit accused on trial to custody after a preliminary examination. Although remand proceedings is not set out in the Criminal Procedure Law, it is known that the charge is not read to the accused and therefore no plea taken. That makes the difference between remand and arraignment. Once an accused person is brought under section 236(3) for remand, the magistrate orders his remand without arraignment. By the subsection, the magistrate can do one of two things. He can remand the accused in prison. He can also grant bail pending arraignment."
Explanation / Scope
This principle clarifies the fundamental procedural distinction between two distinct stages in criminal proceedings. Arraignment is the formal commencement of trial where the accused is charged and asked to plead. Remand is a custodial measure pending further investigation or trial, occurring before arraignment. The absence of charge reading and plea-taking in remand proceedings means the accused’s right to be informed of the charge and to plead does not arise at that stage, as the case has not yet been scheduled for trial before a competent court.
