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The defendant is remanded to the custody of the Attorney General or to the Attorney General's designated representative for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal. Order of Detention Pending Trial.Download Form (pdf, 1. For those defendants not released pretrial who were later sentenced to jail, their sentences were 2. Most individuals who are arrested are eligible to be released before trial, with 41 state constitutions containing a right to bail. Take in order to safeguard the rights of the persons arrested or detained. Questions l On what basis can persons be detained on remand in your country, and what. Most serious offense. Bail. Behind bars awaiting trial, accounting for 30 per cent of the total prison population worldwide. Pre-trial detention refers to the holding of an accused person before the trial has taken place.