A. If a party brought before the court or judge on the return of the writ, is not entitled to discharge or to bail, the court or judge shall remand him to the custody or restraint from which he is taken, if the person under whose custody or restraint he was is legally entitled thereto.

Terms Used In Arizona Laws 13-4136

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.

B. Where the party is held under illegal restraint or custody, but any other person is entitled to the restraint or custody of such party, he may be committed to the restraint or custody of the person who is by law entitled thereto.

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