WHAT IS REMAND? A BEGINNERS GUIDE

Good Morning 

Since I have some time left before the Magistrate enters, allow to me share a simple yet often misunderstood and misconceived legal issue here in Malaysia. 

WHAT IS REMAND?

A suspect can only be detained for the purpose of police investigation in the police station for not more than 24 hours.

If the police investigation cannot be completed within this period and the police wish to detain the suspect beyond 24 hours, an application for further detention must be made within 24 hours to the Magistrate’s Court.

A Magistrate is a judicial officer who has the power to make a remand order.

A person is “remanded” when the Magistrate gives a remand order to extend the suspect’s detention beyond 24 hours.

The purpose of remand is to give more time to the police to complete the investigation and to decide whether there is enough evidence to charge the suspect for the suspected offense. The police must make the remand application without unnecessary delay.

At the remand stage, a suspect is still considered innocent.

A Magistrate at the remand hearing must strike a balance between the rights of an individual and the interest of the state. 

Joel Ruben John 

LLB (HONS) (LOND), CLP 

ADVOCATE & SOLICITOR OF THE

HIGH COURT OF MALAYA