This guide is maintained as a current resource for July 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.
Facing custody before trial? Learn the statutory time limits for remand in magistrates' and Crown courts, how extensions work, and your legal rights regarding time spent in custody.
When a person is charged with a criminal offence in England and Wales and is not granted bail, the court may order that they be remanded into custody - held in prison while awaiting trial or further court hearings. This period of detention before conviction has legal limits and procedural safeguards designed to protect the rights of defendants while balancing public safety and the effective administration of justice. This article explains how long defendants can be held on remand, the statutory framework governing remand periods, exceptions and extensions, and practical considerations in the criminal justice process.
What Does “Remand” Mean?
“Remand” refers to the detention of a defendant in custody pending trial, sentencing, or further court hearings. It is not a sentence of imprisonment but a temporary custodial status imposed when the court decides that bail should not be granted or maintained. A defendant can only be remanded in custody by a court; police cannot remand someone into prison after charge - they can only hold a person until they are brought before a court.
Custody Time Limits: The Legal Framework
To prevent excessive pre‑trial detention, statutory Custody Time Limits (CTLs) set maximum periods for which an unconvicted defendant can be held in custody before trial. These limits are established by the Prosecution of Offences (Custody Time Limits) Regulations 1987 and associated statutory provisions requiring the prosecution to progress cases “diligently and expeditiously”.
Primary CTLs in England and Wales
The general custody time limits are:
- 56 days for cases expected to be tried in the magistrates' court.
- 182 days for cases sent for trial in the Crown Court (for either‑way or indictable only offences).
These limits begin from the first time the defendant is remanded by a court. If the trial cannot start within the relevant CTL, the defendant is entitled to be released on bail unless the prosecution obtains an extension from the court.
Extensions and Exceptions to Custody Time Limits
Extensions by the Court
Courts can extend custody time limits if the prosecution shows:
- It has acted with due diligence and expedition, and
- There is a good and sufficient cause to justify further detention pending trial.
Extensions are not automatic; each request must be individually justified. Applications may be needed where trials are delayed due to illness, complex evidence, unavailable witnesses, or other legitimate reasons.
Temporary Variations During Extraordinary Circumstances
In exceptional situations, such as during the COVID‑19 pandemic, temporary regulations extended CTLs for a period to manage systemic delays in court operations. For example, the Prosecution of Offences (Custody Time Limits) (Coronavirus) Amendment Regulations 2020 increased the Crown Court limit from 182 days to 238 days (eight months) for cases remanded during the specified period. However, this was time‑limited and returned to previous limits after June 2021.
Practical Real‑World Remand Durations
While custody time limits provide clear legal ceilings, in practice:
- A defendant held in the magistrates' court for trial must normally be tried within 56 days or be released on bail unless extended by the court.
- A defendant sent to the Crown Court must be tried within 182 days from the first remand or be released unless the prosecutor secures a CTL extension.
These CTLs are safeguards and not automatic guarantees of release; the prosecution may successfully seek extensions where delays are justified.
Beyond Custody Time Limits
Cases Held Beyond CTLs
Although CTLs set statutory time limits, extension applications have led to cases where defendants have been held on remand beyond six months while awaiting trial, particularly in the Crown Court. Parliamentary research has identified individuals held for between one and two years, and some for two years or more, where CTLs were repeatedly renewed. This reflects ongoing challenges in court capacity and case progression.
If a court refuses to extend a CTL and a trial is not yet ready to start, the defendant must be released on bail to await trial. The prosecution may still continue to prepare the case, and the defendant may be returned to custody later if bail is revoked.
Key Considerations in Practice
1. Different Limits for Different Courts
The statutory maximum period depends on where the case is heard:
- Magistrates' Court: Shorter limit (56 days).
- Crown Court: Longer limit (182 days) due to the complexity and jury trial process.
These reflect the differing complexity of summary and indictable proceedings.
2. Extensions Require Justification
An extension application is not granted as a matter of course. The prosecution must demonstrate that delays are necessary and that case progression has been diligent. Unexplained systemic delays may lead a judge to refuse an extension, resulting in the defendant's release on bail.
3. Bail Remains Available
Even if a defendant is remanded in custody and CTLs are extended, the defence can apply for bail at any time. Judges will consider whether circumstances have changed sufficiently to warrant release. This is a separate discretionary process from CTL calculations.
Key Takeaways
Defendants in England and Wales can be held on remand pending trial, but the law places clear custody time limits (CTLs) on how long that detention can last without trial:
- 56 days for cases in the magistrates' court.
- 182 days (six months) for cases in the Crown Court.
These limits protect the right to a prompt trial and prevent indefinite pre‑trial detention.
Courts can extend CTLs where there are good and sufficient reasons and the prosecution has acted with due diligence. Extensions must be individually justified and are not automatic. In practice, some defendants have been held on remand beyond these periods where repeated extensions have been granted due to procedural complexity and delays, though judges must balance this against individual liberty.
Defendants and their legal representatives should be aware of how CTLs operate and consider bail applications or challenges to extensions where appropriate.
