to remand meaning

In this issue: Practice and procedure Public children International children LexTalk®Family: a Lexis®Nexis community Updated content Daily and weekly news alerts Useful information Practice and procedure HMCTS publishes 2025 courts and tribunals Christmas and New Year opening times HM Courts and Tribunals Service (HMCTS) has issued the opening schedule for courts and tribunals over the 2025 Christmas and New Year period. Temporary closures will apply on: Wednesday 24 December 2025 (limited to the County and Family Courts, Crown Courts, the High Court and the Court of Appeal—Royal Courts of Justice and Rolls Building—and specified tribunals) Thursday 25 December 2025 Friday 26 December 2025 Thursday 1 January 2026 For remand hearings only, selected magistrates’ courts will open on 27 December 2025 and 1 January 2026. Magistrates’ courts and Scotland tribunal offices will continue to operate on 24 December 2025. Hearings during the Christmas period may take place...

Deutsche Telekom, A.G., Appellee v Republic of India, Appellant No 24-7081 What are the practical implications of this case? This ruling tackles complex questions in international arbitration, namely jurisdiction, arbitrability, and how far sovereign immunity extends under the FSIA. As the D.C. Circuit observed, these matters are also before the US Supreme Court via a petition for certiorari in Kingdom of Spain v Blasket Renewables Investments LLC, No. 24-1130 (US, 1 May 2025), with an amicus curiae submission backing it from the European Commission and multiple European states. On sovereign immunity, the FSIA carves out an exception for recognition and enforcement of international arbitral awards under section 1605(a)(6). While states often plead immunity in US actions to confirm arbitral awards, courts increasingly reject those arguments by relying on this FSIA exception. Even so, US courts have treated immunity-based contentions both as merits defences and as jurisdictional challenges. Existing authority indicates that whether an arbitration agreement exists is a question courts may examine as a jurisdictional matter, but the breadth...

Practice and procedure In this issue: Practice and procedure Private children Public children Court of Protection LexTalk®Family: a Lexis®Nexis community Daily and weekly news alerts Updated content New legislation New Q&As Useful information Courts and tribunal opening times over Easter 2024 HM Courts and Tribunals Service has confirmed a temporary closure for the Easter period from 29 March to 1 April 2024, reopening on 2 April 2024. A small number of magistrates’ courts will sit on 30 March and 1 April 2024, restricted to remand hearings only. Monday hearings paused in the Royal Courts of Justice Family Division From 9 April 2024 until 30 April 2025, the Family Division of the High Court at the Royal Courts of Justice will not list hearings on Mondays. Cases already listed on Mondays will proceed as planned. Administrative support for the Family Division—including listing, court associates, ushers and general office functions—is provided by the...

Time spent on remand When an offender receives a determinate custodial sentence (that is, imprisonment for a fixed term), the period spent on remand in custody that must count towards that term is calculated and applied administratively by the Prison Service. The statutory basis is section 240ZA of the Criminal Justice Act 2003 (CJA 2003)... For determinate sentences, the sentencing judge states the overall term, after which the Prison Service works out the credit for time spent on remand in custody; see Practice Note: Custodial sentences available for adult offenders—Determinate sentences of imprisonment. The position differs for time subject to a qualifying curfew and for time in custody pending extradition (see below)... “Remanded in custody” is narrowly defined and applies only where a defendant is: remanded in or committed to custody by order of a court kept in secure accommodation detained in a secure training centre remanded to hospital The Prison Service is responsible for automatically crediting relevant...

What do you say to a client facing a custodial sentence? When clients face the prospect of imprisonment, they may feel overwhelmed or daunted. This Practice Note serves as a speaking aid for practitioners advising adult clients at risk of custody. It signposts relevant, detailed guidance and helps practitioners explain to their clients what will occur if a custodial term is handed down. It should also be made clear that receiving a custodial sentence does not automatically mean immediate imprisonment. In particular, where a term of 12 months or less is imposed, the court is required to consider a statutory presumption in favour of suspending that sentence (subject to certain exceptions). For more information, see Practice Note: Sentences imposed following conviction—Suspended sentence order. Fundamental principles Detailed guidance on general principles applicable to all sentencing exercises can be found in these Practice Notes: Sentences imposed following conviction Pre-sentence reports Calculating time spent on remand or on tagged bail Victim personal statements in...

ARCHIVED: This Practice Note is archived and no longer updated and is not maintained. It is kept solely for historical reference and context as it addresses CPR 81 as it stood before 1 October 2020, and Practice Direction 81, which was wholly revoked with effect from 1 October 2020. If you are handling a committal application after 1 October 2020, you must instead consult CPR 81 currently in force and the relevant Practice Notes that relate to it and apply; see: Contempt and committal—overview. For the pre‑1 October 2020 iteration of CPR 81 or Practice Direction 81, see: This Practice Note explores when committal proceedings may properly be initiated where contempt occurs in the face of the court, in practice. In other words, the contempt must take place directly in the court’s presence. This category of contempt is among the few that the court can address itself alone without any further application or permission being required. Accordingly, while reviewing Practice Note: Committal proceedings—applications, evidence and hearings [Archived] may...