Remand in Custody: A Guide to Pre-Trial Detention in England and Wales

What is Remand?

Remand refers to the period during which a defendant is held in custody or released on bail while awaiting trial or sentence. When a defendant first appears before the magistrates' court following charge, the court must decide whether to grant bail or remand the defendant in custody.

The decision is governed primarily by the Bail Act 1976, which creates a general right to bail for all defendants. This presumption may be rebutted where the court is satisfied that one or more exceptions apply: for example, substantial grounds for believing the defendant would fail to surrender to custody, commit an offence while on bail, or interfere with witnesses or otherwise obstruct the course of justice.

Remand in custody means the defendant is detained in a prison (typically a local Category B or C establishment) or, for those under 18, in a young offender institution, secure training centre, or secure children's home. The defendant remains unconvicted and is treated differently from sentenced prisoners in several important respects.

The remand process is not a single event but a recurring one. At each court hearing where the case is adjourned, the court must reconsider the question of bail or custody afresh, although in practice the arguments may not change significantly between hearings. The maximum period for which a court may remand a defendant in custody at any one hearing is eight clear days, unless the defendant has previously been remanded in custody for the offence and is before the court, in which case the court may remand for up to 28 days under section 128A of the Magistrates' Courts Act 1980.

Bail vs Custody

The Bail Act 1976 establishes a presumption in favour of bail. This means the court must grant bail unless one of the statutory exceptions in Schedule 1 applies. For imprisonable offences, the court may refuse bail where there are substantial grounds for believing that the defendant, if released on bail, would:

In assessing these grounds, the court must consider the nature and seriousness of the offence, the defendant's character, antecedents, associations, and community ties, the defendant's record of compliance with previous bail grants, and the strength of the evidence.

For non-imprisonable offences, bail may only be refused in limited circumstances: where the defendant has previously failed to surrender and there are grounds for believing they would do so again, or for the defendant's own protection.

The Criminal Justice and Public Order Act 1994 introduced additional restrictions on bail for certain serious offences. Section 25 (as amended by the Crime and Disorder Act 1998) provides that bail may only be granted in exceptional circumstances where the defendant is charged with murder, attempted murder, manslaughter, rape, or attempted rape, and has a previous conviction for any of those offences. The court must be satisfied that exceptional circumstances justify the grant of bail.

Conditional Bail

Where bail is granted, the court may impose conditions under section 3(6) of the Bail Act 1976. Common conditions include a requirement to reside at a particular address, a curfew (often monitored electronically), reporting to a police station at specified times, surrender of passport, exclusion from certain areas, and a requirement not to contact named individuals. A surety or security may also be required.

The police may also grant bail at the police station following charge, with or without conditions, under Part IV of the Police and Criminal Evidence Act 1984.

Types of Remand

The law recognises several distinct forms of remand, each governed by different statutory provisions and resulting in different outcomes for the defendant.

Remand in Custody

Remand in custody is the most restrictive form. The defendant is detained in a prison establishment (typically a local Category B prison with a remand wing) until the next court hearing or trial. Adult male defendants are usually held in local prisons close to the court, while adult female defendants are held in one of the women's prisons with remand capacity. The defendant is transported to court for each hearing by prison escort services. Remand prisoners are held separately from convicted prisoners where possible, although overcrowding means this separation is not always maintained in practice.

Remand on Bail

Remand on bail means the defendant is released from court but remains subject to a duty to surrender to custody at the next hearing. Bail may be unconditional (the defendant's only obligation is to attend court on the specified date) or conditional (subject to one or more requirements imposed under section 3(6) of the Bail Act 1976). The distinction between unconditional and conditional bail is significant: unconditional bail imposes no restrictions on the defendant's liberty between hearings, while conditional bail may impose substantial restrictions including curfew, residence, reporting, exclusion zones, and electronic monitoring.

Remand to Local Authority Accommodation (Youth)

For defendants under 18 who are refused bail but do not meet the threshold for remand to youth detention accommodation, the court must remand them to local authority accommodation under sections 91 to 107 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The local authority has a duty to provide accommodation, which may be a foster placement, a children's home, or other suitable accommodation. The child becomes "looked after" by the local authority for the duration of the remand. The court may impose conditions on the remand, including electronic monitoring, a curfew, or a requirement not to contact specified persons. This form of remand reflects the principle that custody should be a last resort for children and that the welfare of the child must be considered.

Remand to Youth Detention Accommodation

Where a child aged 12 to 17 meets the statutory conditions (the offence is imprisonable, there is a real prospect of a custodial sentence, and additional criteria relating to violence, absconding history, or public protection are satisfied), the court may remand to youth detention accommodation. This means a young offender institution, a secure training centre, or a secure children's home, depending on the child's age, vulnerability, and assessed needs. The Youth Justice Board determines placement. Boys aged 15 to 17 are typically placed in young offender institutions, while younger children and girls are more likely to be placed in secure children's homes or secure training centres.

Custody Time Limits

Custody time limits exist to prevent defendants from spending excessive periods in detention before trial. They are set by the Prosecution of Offences (Custody Time Limits) Regulations 1987 (as amended), made under section 22 of the Prosecution of Offences Act 1985.

The key time limits are:

The prosecution may apply to extend custody time limits. The court must be satisfied that there is good and sufficient cause for the extension and that the prosecution has acted with all due diligence and expedition. If the court refuses to extend and the time limit expires, the defendant must be released on bail. The case is not dismissed: it proceeds, but with the defendant at liberty.

During the period from 2020 to 2022, custody time limits were temporarily extended by secondary legislation in response to court backlogs caused by the pandemic. The standard 182-day Crown Court limit was extended to 238 days (eight months). These temporary extensions have since lapsed, and the standard limits are again in force.

The leading authority on the proper approach to custody time limit extensions is R (Gibson) v Winchester Crown Court [2004] EWHC 361 (Admin), which established that "due diligence and expedition" must be assessed in relation to the overall conduct of the case, not merely the period immediately before the application. The prosecution bears the burden of satisfying both limbs of the test: good and sufficient cause, and due diligence.

For a detailed breakdown of how legislation governs these limits, see the reference at legislation.uk, which includes the full text of the Prosecution of Offences Act 1985 and associated regulations.

Rights on Remand

Remand prisoners are unconvicted and retain a range of rights that are more extensive than those afforded to sentenced prisoners. The Prison Rules 1999 and associated Prison Service Instructions set out the entitlements of unconvicted prisoners:

Clothing: Remand prisoners are entitled to wear their own clothing, provided it is suitable and clean. They are not required to wear prison-issue clothing unless they choose to or their own is unavailable.

Visits: Remand prisoners are entitled to receive visits more frequently than sentenced prisoners: typically three visits per week, each of at least 30 minutes. Legal visits (with a solicitor) are not counted against the visiting allowance and are generally unrestricted.

Correspondence: There is no limit on the number of letters a remand prisoner may send or receive, although letters may be subject to monitoring. Legal correspondence is privileged and may not ordinarily be opened or read.

Work: Remand prisoners are not required to work, although they may volunteer to do so. Those who do not work may receive a small weekly allowance.

Medical attention: Remand prisoners are entitled to see a doctor on reception, to request a transfer to a hospital if seriously ill, and to be attended by their own registered medical practitioner at their own expense.

Voting: The right of remand prisoners to vote is a distinct and important issue. Because remand prisoners are unconvicted, they retain the legal right to vote in elections. This contrasts with convicted prisoners, who are disenfranchised under section 3 of the Representation of the People Act 1983. Remand prisoners may register to vote and may apply for a postal or proxy vote. The European Court of Human Rights addressed the broader question of prisoner voting in Hirst v United Kingdom (No. 2) [2005] ECHR 681, finding that a blanket ban on convicted prisoner voting violated Article 3 of Protocol 1 to the ECHR. Although that judgment concerned convicted prisoners, it reinforced the principle that unconvicted remand prisoners must retain the franchise. In practice, the administrative processes for registering and voting from prison can present barriers, and electoral registration officers have a duty to facilitate access.

Education: Remand prisoners are entitled to access education and library services within the prison. Prison Service Instruction 32/2012 provides that all prisoners, including those on remand, should have access to a library and to distance learning opportunities. In practice, access to education for remand prisoners can be more limited than for sentenced prisoners, because remand prisoners are not subject to sentence planning and may be in the prison for shorter, less predictable periods. Nonetheless, the entitlement exists, and many prisons offer basic skills courses, literacy and numeracy support, and access to Open University programmes for remand prisoners who wish to participate.

For a broader overview of the prison system, including establishment types and regimes, free reference material is available online.

Bail Conditions

Courts may attach conditions to bail under section 3(6) of the Bail Act 1976. These conditions must be necessary to prevent the defendant from absconding, committing offences, interfering with witnesses, or for the defendant's own protection. Common conditions include:

Residence: The defendant must live and sleep at a specified address each night.

Curfew: The defendant must remain at their address between specified hours, often enforced through an electronic monitoring tag. The Criminal Justice and Immigration Act 2008 expanded electronic monitoring as a bail condition.

Reporting: The defendant must report to a named police station at specified intervals (daily, weekly, etc.).

Surety: A third party agrees to pay a specified sum if the defendant fails to attend court. The surety must be able to satisfy the court that they have the means to pay.

Security: The defendant deposits a sum of money or other security with the court.

Passport surrender: The defendant must surrender their passport to the police or the court.

Exclusion zones and non-contact: The defendant must not enter specified areas or contact named individuals.

Doorstep conditions: In some cases, the court may impose a requirement that the defendant present themselves at the door of the bail address when requested by a police officer or monitoring officer during curfew hours. This is sometimes called a "doorstep condition" and is used to verify compliance with a curfew where electronic monitoring is not imposed. The defendant is not required to allow the officer to enter the premises, only to present themselves at the door.

Gang-related conditions: Where the offence is connected to gang activity, the court may impose conditions designed to prevent association with specified individuals or groups, restrict attendance at particular locations, or prohibit the use of social media to contact co-defendants. The Policing and Crime Act 2009 (as amended by the Crime and Security Act 2010) provides for gang injunctions in civil proceedings, and courts have drawn on similar principles when crafting bail conditions for gang-related criminal cases.

Breach of bail conditions does not in itself constitute an offence (unlike failure to surrender, which is an offence under section 6 of the Bail Act 1976). However, breach of conditions may lead to arrest under section 7 and a fresh remand hearing at which bail may be revoked.

Bail Hostels and Approved Premises

Where a defendant is granted bail but does not have a suitable address, or where the court considers that a higher level of supervision is required, the court may impose a condition of residence at an Approved Premises (formerly known as a bail hostel). Approved Premises are residential facilities managed or supervised by the Probation Service, providing structured accommodation for defendants on bail and offenders on licence.

There are approximately 100 Approved Premises in England and Wales, accommodating around 2,200 residents at any given time. They are staffed around the clock and impose rules including curfews, sign-in requirements, and restrictions on alcohol and visitors. Residents are expected to comply with a structured regime that may include engagement with programmes, attendance at appointments, and compliance with any other bail conditions imposed by the court.

When Approved Premises Are Used

Approved Premises are used in a range of circumstances. For defendants on bail, the court may impose a residence condition at an Approved Premises where the defendant has no fixed address, where the proposed bail address is unsuitable (for example, because it is too close to a complainant), or where the defendant's risk profile requires a higher level of supervision than living independently would provide. The Probation Service assesses suitability before a placement is confirmed, and the court cannot impose a condition of residence at Approved Premises without confirmation that a bed is available.

The Role of the Probation Service

The Probation Service (now part of His Majesty's Prison and Probation Service) manages the Approved Premises estate. Probation officers prepare bail information reports for the court, which include an assessment of the defendant's suitability for bail, the proposed bail address, and any recommended conditions. Where an Approved Premises placement is proposed, the Probation Service will confirm availability and suitability. The defendant's compliance with the conditions of residence is monitored by Approved Premises staff and reported to the court and the defendant's solicitor.

If a defendant breaches the conditions of residence at an Approved Premises (for example, by failing to return by curfew, consuming alcohol on the premises, or failing to engage with required activities), the Approved Premises may request that the defendant be recalled to court. The court may then revoke bail and remand the defendant in custody, or vary the bail conditions.

Electronic Monitoring on Bail

Electronic monitoring (commonly referred to as "tagging") is increasingly used as a condition of bail, providing the court with a means of supervising defendants in the community without resorting to custody. The legislative framework for electronic monitoring as a bail condition is found in section 3(6ZAA) of the Bail Act 1976 (as inserted by the Criminal Justice and Immigration Act 2008) and the Criminal Justice Act 2003.

Curfew Tags

The most common form of electronic monitoring on bail is the curfew tag. A radio frequency (RF) tag is fitted to the defendant's ankle, and a base unit is installed at the bail address. The base unit detects whether the tag is within range during curfew hours. If the defendant leaves the address during curfew (or if the tag is tampered with), an alert is generated and reported to the monitoring company, which in turn notifies the police or the court. Curfew hours are typically set between 7pm and 7am or similar periods, although the court has discretion to set any hours it considers appropriate.

GPS Tags

GPS (Global Positioning System) tags provide continuous location monitoring, allowing authorities to track the defendant's movements throughout the day. GPS tags are more intrusive than curfew tags and are typically used for defendants assessed as posing a higher risk, or where the court has imposed an exclusion zone condition. The GPS data can be used to verify compliance with exclusion zones, to investigate alleged breaches, and to provide evidence in the event of further offending. The use of GPS tags on bail was expanded following the rollout of the GPS tagging programme by the Ministry of Justice.

Alcohol Monitoring Tags

Alcohol monitoring tags (sometimes called "sobriety tags") measure the level of alcohol in the wearer's perspiration at regular intervals, typically every 30 minutes. They are used where the court considers that the defendant's offending is linked to alcohol consumption and where abstinence from alcohol is imposed as a condition of bail. The Criminal Justice Act 2003 provides for alcohol abstinence and monitoring requirements, and the technology has been available nationally since 2023. If the tag detects alcohol consumption, the monitoring company generates an alert and the defendant may be recalled to court for breach of bail conditions.

Practical Considerations

Electronic monitoring is not a sentence or a punishment: it is a condition of bail designed to manage risk while preserving the defendant's liberty pending trial. The defendant remains unconvicted and retains all the rights of a person on bail. The tag must be worn at all times and must not be tampered with. Tampering with or removing an electronic monitoring device is a criminal offence. The monitoring company provides a helpline for defendants to report technical issues with the equipment. The cost of electronic monitoring is borne by the state, not by the defendant.

Remand and Mental Health

The criminal justice system makes specific provision for defendants whose mental health may be relevant to the question of remand. The Mental Health Act 1983 provides two mechanisms for remanding a defendant to hospital rather than prison.

Section 35: Remand to Hospital for Report

Under section 35 of the Mental Health Act 1983, the Crown Court or a magistrates' court may remand an accused person to a specified hospital for a report on their mental condition. The court must have reason to suspect that the accused is suffering from a mental disorder, and it must be of the opinion that it would be impracticable to obtain the report if the accused were remanded on bail. The remand may be for up to 28 days at a time, renewable up to a maximum of 12 weeks. The defendant is detained in hospital, not in prison, for the duration of the remand. A bed must be available within seven days of the order being made.

Section 36: Remand to Hospital for Treatment

Section 36 of the Mental Health Act 1983 allows the Crown Court (but not the magistrates' court) to remand an accused person to hospital for treatment. The court must be satisfied, on the evidence of two registered medical practitioners, that the accused is suffering from a mental disorder of a nature or degree that makes hospital treatment appropriate, and that a hospital bed is available. This power is only available to the Crown Court. The remand may be for up to 28 days at a time, renewable up to a maximum of 12 weeks.

Fitness to Plead

Where there is a question about whether a defendant is fit to plead and stand trial, the court may order a psychiatric assessment. If the defendant is found unfit to plead, the court conducts a "trial of the facts" under section 4A of the Criminal Procedure (Insanity) Act 1964 (as amended by the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991). The question of fitness to plead is determined by a jury on the evidence of two or more registered medical practitioners. During the period of assessment, the defendant may be remanded in custody or on bail, or remanded to hospital under section 35 or 36 of the Mental Health Act 1983.

Mental Health in Practice

In practice, the availability of hospital beds is a significant constraint on the use of sections 35 and 36. Where a bed is not available within seven days, the court cannot make the order, and the defendant may be remanded in custody with a direction for assessment by a visiting psychiatrist. The Mental Health Act 1983 Code of Practice emphasises that transfers from prison to hospital should be arranged as quickly as possible, and the NHS target is for transfers to take place within 28 days of a clinical decision. However, delays are common, and some defendants spend weeks or months in prison awaiting a hospital transfer. This is an area of ongoing concern for inspectorates, campaigners, and the courts.

Youth Remand

The remand of children and young persons (those under 18) is governed by separate provisions. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), sections 91 to 107, reformed the youth remand framework.

Under LASPO 2012, a child may only be remanded to youth detention accommodation (a young offender institution, secure training centre, or secure children's home) if certain conditions are met: the child must be aged 12 to 17, the offence must be imprisonable, there must be a real prospect of a custodial sentence, and either the offence is violent or sexual, the child has a recent history of absconding, or remand is necessary to protect the public.

For children who do not meet the remand to custody threshold, the court must release them on bail (with or without conditions) or remand them to local authority accommodation. Local authorities have a duty to provide accommodation and support for looked-after children on remand.

A significant feature of the LASPO 2012 reforms is that all children remanded to youth detention accommodation are treated as "looked after" by the local authority for the duration of the remand. This means the local authority has ongoing duties towards the child, including providing support, maintaining contact, and planning for the child's release. The cost of the remand placement is met by the local authority, which was intended to create a financial incentive for local authorities to invest in community-based alternatives to custody for children.

The youth justice system operates through Youth Offending Teams (YOTs) and the Youth Justice Board. For an overview of how sentencing applies to young offenders, including guidelines and disposals, further reference is available at no cost.

Challenging Remand Decisions

A defendant who is refused bail by the magistrates' court has several avenues of challenge:

Re-application to the magistrates' court: Under Part IIA of Schedule 1 to the Bail Act 1976, the court is required to hear full arguments at the first two hearings at which bail is refused. Thereafter, the court need not hear arguments unless there has been a change of circumstances.

Application to the Crown Court: Section 81 of the Senior Courts Act 1981 provides that a person who has been refused bail by a magistrates' court may apply to the Crown Court for bail. This is a fresh hearing before a Crown Court judge.

Application to the High Court: In exceptional cases, application may be made to a High Court judge in chambers. This derives from the inherent jurisdiction of the High Court.

The prosecution also has a right of appeal. Under section 1 of the Bail (Amendment) Act 1993, the prosecution may appeal to the Crown Court against a decision by the magistrates' court to grant bail in cases involving imprisonable offences. The appeal must be made immediately and orally.

For an overview of appeal routes across the criminal and civil justice system, including permission requirements and time limits, free reference material covers 33 distinct appeal routes.

Remand and Sentencing Credit

Time spent on remand in custody counts towards any custodial sentence subsequently imposed. Section 240ZA of the Criminal Justice Act 2003 requires the court to direct that the number of days spent in remand custody be credited against the sentence. This is sometimes referred to as "time served."

Time spent on qualifying curfew (electronic tag, usually 9 hours or more per day) also counts as credit at the rate of half a day for each day of qualifying curfew, under section 240A of the Criminal Justice Act 2003.

The calculation of remand credit can be complex. The relevant period begins on the day the defendant is remanded in custody and ends on the day before the sentence is imposed. If the defendant has been released on bail between periods of custody, each separate period of custody is counted. Days spent in police detention before the first court appearance also count towards the remand credit. If the defendant is serving another sentence concurrently, the remand credit may only be applied to the extent that the days were not already counted against the other sentence.

The sentencing guidelines and legislation governing credit for time served are an important part of the sentencing process and can significantly affect the period actually served in custody following conviction.

Statistics and Context

The remand population in England and Wales is a significant component of the overall prison population and has been the subject of sustained policy concern.

Scale of the Remand Population

At any given time, approximately 12,000 to 15,000 prisoners in England and Wales are held on remand, representing roughly 15 to 17 per cent of the total prison population. This proportion has fluctuated over time but has generally trended upward in recent years. The remand population includes both those remanded in custody by the courts and those recalled to custody for breach of bail conditions. Women and young people make up a disproportionate share of the remand population relative to the sentenced population: approximately 30 per cent of the female prison population is on remand at any given time, compared to around 15 per cent of the male prison population.

Waiting Times

The average time spent on remand before trial has increased, particularly in the Crown Court. Before 2020, the average waiting time from sending to Crown Court trial completion was approximately 26 weeks. By 2023, court backlogs had increased this figure to over 40 weeks in many Crown Court centres, with some defendants waiting more than 12 months for trial. These delays have placed additional pressure on the prison estate and on the welfare of remand prisoners, many of whom face prolonged uncertainty about the outcome of their case.

Overcrowding and Conditions

The size of the remand population contributes to overcrowding in local prisons, which are the establishments that typically hold remand prisoners. Many local prisons operate above their certified normal accommodation, with prisoners sharing cells designed for one person or held in cramped conditions. HM Inspectorate of Prisons has repeatedly noted that conditions for remand prisoners are often worse than for sentenced prisoners, because remand prisoners are concentrated in the most overcrowded parts of the estate and may have less access to purposeful activity, education, and support services.

Outcomes

A significant proportion of defendants remanded in custody are ultimately acquitted or receive a non-custodial sentence. Ministry of Justice statistics indicate that approximately 10 to 12 per cent of defendants remanded in custody are subsequently acquitted, and a further proportion receive suspended sentences or community orders rather than immediate custody. This raises important questions about the proportionality of pre-trial detention, particularly given the disruption that even a short period of remand can cause to employment, housing, family relationships, and mental health.

Key Legislation

The law of remand and bail in England and Wales is governed by a series of statutes and secondary legislation spanning several decades. The following table summarises the principal enactments and their relevance to remand.

For the full text of these enactments and detailed section-level content, see the searchable library at legislation.uk.