This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Understand how time spent in custody before trial impacts your final sentence. Learn how courts apply credit for remand and tagged bail, and how this reduces your total prison time.
When someone is remanded in custody-held in prison while awaiting trial, conviction, or sentencing-the period they spend in custody can affect how much of a future sentence they are deemed to have already served. In England and Wales, the law sets out clear rules on how time spent on remand counts towards a custodial sentence. This article explains those rules, how they operate in practice, and what defendants, families, and solicitors need to know about remand credit and its impact on sentencing outcomes.
Remand and the Purpose of Time Served Credit
Remand occurs when a court decides a defendant should remain in custody while their case is ongoing, often because of risks such as failing to surrender to bail, re‑offending, or interfering with witnesses. Remand can be ordered before conviction and sentencing, and the length of remand can vary depending on the complexity of the case and other factors.
The law recognises that time spent on remand is a form of custody and should normally be credited against a later custodial sentence. This ensures that defendants are not penalised by serving more time than the court ultimately orders.
Legal Framework: Crediting Remand Time
The starting point for the crediting of remand time under current law is section 240ZA of the Criminal Justice Act 2003 (CJA 2003). This provision applies to offences committed on or after 4 April 2005. Under this rule:
- The number of days spent on remand in custody in connection with the offence for which the defendant is later sentenced must count as time served against a subsequent determinate custodial sentence.
- The court does not need to make a specific order for remand time to count; the credit is administered by the relevant authorities after sentencing.
- Time spent on remand for a different offence or while already serving another sentence does not count towards the new sentence.
- The same period of remand cannot be credited more than once to multiple sentences, preventing “double crediting”.
These rules are designed to ensure fairness and avoid situations where a defendant effectively serves more time than their sentence justifies.
What Counts as Remand Time?
Remand in Custody
The most straightforward form of remand credit arises when a defendant is ordered by the court to be held in custody before conviction or sentencing. This court‑ordered remand custody is what most remand time credit relates to under the law.
Tagged Bail and Curfew Conditions
In some cases, a court may grant bail subject to electronic monitoring (tagged bail) with specific curfew conditions. Under section 240A CJA 2003, time spent on tagged bail with a qualifying curfew (generally requiring the defendant to be subject to an electronic curfew for a significant part of each day) can also be credited towards a sentence if the court explicitly orders it at the time of sentencing. The court must do this by express direction for tagged bail time to count.
Remand to Local Authority Accommodation (Youth Cases)
For young people only, some remand arrangements involve placement in local authority accommodation. Case law has clarified that such time does not automatically count towards a custodial sentence unless the sentencing judge chooses to adjust the sentence to reflect that period. This is because local authority care is not treated the same as remand in custody for the purposes of automatic credit.
How Time Served on Remand Is Applied to Sentencing
Once a defendant is sentenced to a determinate custodial term (a fixed length of imprisonment), the remand time that qualifies under section 240ZA is administratively deducted from the total custodial period. This means the effective time remaining to serve in prison after sentencing will be correspondingly shorter.
For example:
- If a defendant has spent 100 days on remand in custody before sentence, and the court subsequently imposes a six‑month (180‑day) prison term, the remand credit means that only 80 days remain to be served.
This deduction is automatic and calculated by the prison service as part of the sentence administration process following sentence. Courts no longer normally announce remand credit at sentencing unless there is a specific reason to do so, such as a complex bail scenario or tagged bail.
Special Situations and Exceptions
Life Sentences
When a judge imposes a discretionary life sentence (with a minimum term), the judge must explicitly take remand time into account when setting the minimum period to be served. This is because the usual automatic administrative deduction under section 240ZA does not apply to minimum terms for life sentences. In practice, most judges will adjust the minimum term to reflect remand custody, but they retain judicial discretion in doing so.
Overlapping Custody and Bail
If a defendant has been in custody on remand while also serving another sentence (for example, recalled to prison on licence), that period does not count towards the new sentence. This rule prevents unfair credit for time spent detained under overlapping legal circumstances.
No Double Counting
The statutory framework makes clear that the same period of remand custody cannot be credited against more than one prison sentence. If remand time has already been applied to one sentence, it cannot be counted again for another.
Practical Examples
Example 1 – Straightforward Credit:
Alice is remanded in custody for six months while awaiting trial and pleads guilty. The Crown Court sentences her to 12 months' imprisonment. Under section 240ZA, her six months' remand time is credited, leaving six months of custodial time remaining to serve.
Example 2 – Tagged Bail Credit:
Ben is granted bail with a qualifying electronic curfew and adheres fully to those conditions. At sentencing, the judge expressly orders that the qualifying bail period counts as remand credit. This time is deducted from his custodial sentence, reducing the time he must serve in prison.
Example 3 – Youth Remand in Local Authority Care:
Cameron, under 18, is remanded to local authority accommodation, which does not count automatically as custody for credit. The sentencing judge reviews the circumstances and, considering the level of restriction, chooses to adjust the sentence to reflect part of that period.
Common Questions About Remand Time and Sentencing
Does all remand time count automatically towards a sentence?
No. Only time in custody ordered by a court in connection with the offence counts automatically. Tagged bail time only counts if the court expressly orders it, and some youth remand situations require judicial discretion.
Does remand time ever double?
The idea that remand time is “doubled” (e.g. serving six months remand means 12 months deducted) is a misconception. Modern law credits remand time on a one‑to‑one basis against the custodial sentence.
If someone has already served more time on remand than their sentence, can they be released immediately?
Yes. If remand time exceeds the custodial sentence imposed, the individual may be released straightaway, subject to other legal conditions such as licence or supervision requirements.
Key Takeaways
In England and Wales, time spent on remand in custody before sentencing generally counts as time already served and reduces the custodial term that a defendant must serve after conviction. The rules are set out in section 240ZA of the Criminal Justice Act 2003, and they ensure that defendants are not disadvantaged by long periods spent in pre‑sentence custody. Tagged bail periods may also count if expressly directed by the court, while other forms of remand, such as local authority accommodation for young people, require judicial assessment. Time on remand is applied administratively after sentencing and prevents the same period from being counted more than once. Understanding how remand credit works is essential for effective sentencing outcomes and fair treatment in the criminal justice process.
