Pre-trial detention, also known as jail, preventive detention, provisional detention, or remand, is the process of detaining a person until their trial, after they have been arrested and charged with an offence. A person who is on remand is held in a jail, prison or detention centre or held under house arrest. Varying terminology is used, especially from country to country; the term "remand" is generally used in common law jurisdictions and "preventive detention" elsewhere. In the United States, "remand" is rare except in official documents, and "jail" is the most commonly used term. Detention before charge is commonly referred to as custody and continued detention after conviction is referred to as imprisonment.
Because imprisonment without trial is contrary to the presumption of innocence, pre-trial detention in liberal democracies is usually subject to safeguards and restrictions. Typically, a suspect will be remanded only if it is likely that they could commit a serious crime, interfere with the investigation, or fail to come to the trial. In the majority of court cases, the suspect will not be in detention while awaiting trial, often with restrictions such as bail.
Research on pre-trial detention in the United States has found that pre-trial detention increases the likelihood of convictions, primarily because individuals who would otherwise be acquitted or have their charges dropped enter guilty pleas. A 2021 review of existing research found that "the current pretrial system [in the US] imposes substantial short- and long-term economic harms on detained defendants in terms of lost earnings and government assistance, while providing little in the way of decreased criminal activity for the public interest... the costs of cash bail and pretrial detention are disproportionately borne by Black and Hispanic individuals, giving rise to large and unfair racial differences in cash bail and detention that cannot be explained by underlying differences in pretrial misconduct risk."
Detention before charge or trial The pre-charge detention period is the period of time during which an individual can be held and questioned by police, prior to being charged with an offence. Not all countries have such a concept, and in those that do, the period for which a person may be detained without charge varies by jurisdiction. The prohibition of prolonged detention without charge, , was first introduced in England about a century after the 1215 Magna Carta; the use of in 1305 was cited by William Blackstone.
Albania Albania has one of the highest rates of pre-trial detention in Europe. In November 2025, the United Nations Committee Against Torture (CAT) reported that approximately 57 per cent of detainees in Albania were held in pre-trial detention, describing its use as systematic rather than exceptional and noting its contribution to severe prison overcrowding. The Committee, citing findings of the European Committee for the Prevention of Torture (CPT), also raised concerns about detention conditions, including inadequate living standards and limited access to medical care, particularly at the Tirana Prison Hospital.
Armenia Armenia has one of the highest rates of pre-trial detention in Europe, with nearly half of its prison population awaiting trial rather than serving a conviction. Although reforms such as the 2021 Criminal Procedure Code aimed to make detention a last resort, critics say it is still used routinely, raising concerns about due process, the presumption of innocence, and public trust in the justice system.
Czech Republic
Under Article 8 of the Charter of Fundamental Rights and Basic Freedoms of the Czech Republic, which has the same legal standing as the Czech Constitution, a suspect must be immediately familiarised with the grounds of detention, must be interviewed and within 48 hours either released or charged and handed over to a court. The court then has a further 24 hours either to order a custody, or to release the person detained.
Detailed rules of detention are included in the Criminal Procedural Code. The Czech Police may arrest and detain a suspect after obtaining prosecutor's consent. In an urgent case the police may detain a suspect without the consent. In both cases, however, the police detention may take place only when grounds for pre-trial detention exist. §76 The statutory limits of 48 + 24 hours must be complied with and reaching the time limit should aways trigger immediate release, unless a court has ordered pre-trial custody. §77
Anybody may detain a person, who was caught while perpetrating a crime (not a misdemeanor) or immediately after it, when capturing of the perpetrator is necessary to either ascertain the perpetrator's identity or to prevent the perpetrator from escaping or to secure evidence. The perpetrator must immediately be handed over to the police, or when that is not possible, detention of the perpetrator must be immediately reported to the police. §76(2)
People's Republic of China
According to a reply of the Supreme People's Court, detention refers to the detention of a suspect or defendant in a specific place in accordance with the law, restricting or temporarily depriving them. Compulsory measures for personal freedom include arrest and detention.The Reply of the Supreme People's Court (63) Fa Yan Zi No. 12 on Detention and Custody Issues Criminal detention is when police departments and prosecutor's offices deal with criminal cases, in which current criminals or major suspects are temporarily deprived of their personal freedom and detained in a statutory emergency situation.
Requirements Chinese police departments can first detain current criminals or major suspects in one of the following situations:Criminal Procedure Law-Article 82 Preparing to commit a crime, committing a crime, or being discovered immediately after the crime. The victim or the person who saw it with his own eyes identified that he committed a crime. Crime evidence is found in or around the scene. Attempting to commit suicide, run away or remain at large after committing a crime. There is a possibility of destruction, forged evidence or collusion of confession. A false name and address is given, with the true identity of the suspect remaining unknown. There are frequent crimes, multiple crimes, gang crime and major suspects.
In addition to the authority of the police to decide and enforce detention in accordance with the law, the prosecutor's office also has the right to decide to detain criminal suspects and defendants in the following two situations in cases directly accepted by the prosecutor's office:.Criminal Procedure Law-Article 132 entries Attempt to commit suicide, escape or escape after committing a crime; There is a possibility of destruction, forged evidence or collusion. After the People's Procuratorate decides to detain, it shall be executed by the public security department.
Review of the necessity of detention The 2012 amendments to the Criminal Procedure Law added a system for reviewing criminal suspects in custody after arrest.刑事訴訟法-第92條 On 13 January 2016, the chief prosecutor issued the "Regulations on the People's Procuratorate for Handling Custody Necessity Review Cases (Trial)," which would translate to Prosecutorial Guidelines for Pretrial Detention Reviews (Trial) in American and British English. Under the guidelines, criminal suspects and defendants may petition the prosecutor's office for a pretrial detention review. If the prosecutor's office considers that detention is unnecessary after the review, it will recommend that the case-handling agency release the suspect or change its compulsory measures.
Subsequent rules describe how prosecutors’ offices should review whether pretrial detention remains justified after an arrest. In 2023, the chief prosecutor and police ministry jointly issued the Provisions on Efforts to Review and Assess the Necessity of Detention, which in American and British English would translate to Pretrial Detention Review Rules. The rules require prosecutors to review whether a defendant should be released or detained pending trial and, where detention is unnecessary, recommend release or a motion for amendment of the conditions of release. When detention reviews are triggered by motions or jail recommendations, the rules set statutory deadlines and require the police and courts to report implementation of prosecutor recommendations within a 10-day deadline, with a corrective action notice where they do not.
During custody Criminal detention The detention period is 3 days, and can be extended for 1–4 days with the approval of the administrative person in charge of the police department. Suspects who commit crimes on the verge of committing crimes, committing multiple crimes, or conspiring to commit crimes can be extended for 30 days (up to 37 days).Criminal Procedure Law-Article 69 During the period of detention, it is ruled out that criminal suspects are released, If the prosecutor's office does not approve the arrest, the suspect shall be released immediately. If the prosecutor approves the arrest, it will go directly to the stage of investigation and custody. Those who need to continue the investigation and meet the conditions for release on bail pending trial or residential surveillance shall be released on bail pending trial or residential surveillance in accordance with the law.Criminal Procedure Law-Article 89
Detective custody The period of investigation and custody after the arrest of a criminal suspect shall not exceed two months. Cases that are complicated and cannot be terminated after the time limit expires may be extended for one month with the approval of the prosecutor's office at the next higher level.Criminal Procedure Law-Article 124 If the investigation cannot be terminated after the expiration of the preceding article, it may be extended for two months with the approval or decision of the provincial, autonomous region, or home rule city prosecutor's office.Criminal Procedure Law-Article 126 Major and complicated cases in remote areas with very inconvenient transportationCriminal Procedure Law-Article 126-1 Major criminal group caseCriminal Procedure Law-Article 126-2 Severe and complicated cases of fleeing crimesCriminal Procedure Law-Article 126-3 The crime involves a wide range of major and complicated cases with difficulty in obtaining evidence.Criminal Procedure Law-Article 126-4
Extended custody