CRIMINAL PROCEDURE — Remand Powers — Magistrate’s Power to Remand for Indictable Offences Under Section 236(3) CPL
Principle Statement
For a magistrate to have jurisdiction to act thereunder, the person to be remanded or possibly granted bail where the court has the jurisdiction to so grant, must have been arrested for an indictable offence such as treasonable felony which is outside the competence or jurisdiction of the magistrate to try. In such a situation the magistrate is empowered, upon the suspect being brought before him, to remand the suspect in custody pending the arraignment of such person before a competent court with the requisite jurisdiction to try the said indictable offence. From the wordings of section 236(3) supra, it is obvious that the section does not contemplate the proceedings for remand before the magistrate to be an arraignment, since it provides specifically that the remand of the suspect by the magistrate in the circumstance is pending an arraignment of such a suspect before the appropriate court or tribunal for trial.
Ratio Decidendi (Source)
Per Onnoghen, JSC, in Lufadeju & Anor v. Johnson (2007) NLC-123-247-2001(SC) at p. 30; Paras A–D.
"For a magistrate to have jurisdiction to act thereunder, the person to be remanded or possibly granted bail where the court has the jurisdiction to so grant, must have been arrested for an indictable offence such as treasonable felony which is outside the competence or jurisdiction of the magistrate to try. In such a situation the magistrate is empowered, upon the suspect being brought before him, to remand the suspect in custody pending the arraignment of such person before a competent court with the requisite jurisdiction to try the said indictable offence. From the wordings of section 236(3) supra, it is obvious that the section does not contemplate the proceedings for remand before the magistrate to be an arraignment, since it provides specifically that the remand of the suspect by the magistrate in the circumstance is pending an arraignment of such a suspect before the appropriate court or tribunal for trial."
Explanation / Scope
This principle defines the magistrate’s power to remand under Section 236(3) of the Criminal Procedure Law. The magistrate can remand a person arrested for an indictable offence outside the magistrate’s jurisdiction. The remand is pending arraignment before a competent court. The section does not contemplate arraignment before the magistrate. The magistrate can remand in custody or grant bail. The principle ensures judicial control over detention of suspects. It applies where suspects are arrested for serious offences. The principle safeguards the suspect’s rights while allowing proper investigation.
