What Are Remand Hearings and How Are They Conducted?

When someone is charged with a criminal offence in England and Wales, the court must decide whether that person should be released on bail or kept in custody while proceedings continue. A remand hearing is the legal process in which the court makes this decision. This article explains what remand hearings are, the legal framework that governs them, how they are conducted, the factors courts consider, and what rights and practical considerations arise for defendants and others involved.

What Is a Remand Hearing?

A remand hearing is a court session during criminal proceedings in which a judge or magistrates decide whether a defendant should:

• Be remanded in custody (i.e. held in prison until the next court appearance),
• Be remanded on bail, with or without conditions, or
• Be released on unconditional bail.

A remand hearing typically takes place at the defendant's first court appearance after charge, but further remand decisions can occur at subsequent stages as the case progresses. The purpose is to balance the defendant's rights with the interests of justice, public safety and the effective conduct of the case.

Legal Framework

The Right to Bail and Custodial Remand

Under the Bail Act 1976, defendants generally have a right to bail when they appear before a court after being charged, unless specific exceptions apply. The court must consider whether bail should be granted or refused based on statutory criteria.

If the court determines that bail is inappropriate, it may order the defendant to be remanded in custody. Custody time limits apply to ensure that defendants are not detained indefinitely before trial or other key steps in the proceedings.

Youth and Special Procedures

Special rules govern remand hearings for defendants under 18, including considering local authority accommodation and welfare factors. Custodial remand for children is treated differently than for adults.

When Is a Remand Hearing Held?

A remand hearing is held:

• At the first court appearance after arrest and charge;
• At adjournments during the case, such as before trial or sentencing; and
• When circumstances change, for example if bail conditions are breached.

Remand hearings can take place in either a magistrates' court or in the Crown Court, depending on the offence and stage of the proceedings.

How Does a Remand Hearing Work?

Presence of the Defendant

The defendant is normally required to attend the remand hearing in person. In some cases where the defendant is already in custody, the court may permit attendance via live video link.

Legal Representation

Defendants may be represented by a solicitor or barrister at the hearing. Legal advisers assist with presenting arguments on bail and on the necessity for remand.

Prosecutor and Defence Submissions

At a remand hearing:

• The prosecutor outlines reasons why bail should be refused and custodial remand ordered. These reasons typically relate to concerns about flight risk, risk of re‑offending, interference with witnesses or investigation, or public protection.
• The defence argues in favour of bail, proposing conditions and mitigating factors such as accommodation, employment, family support or health issues.

The court must give reasons for its decision, whether to grant bail or to remand in custody.

Possible Outcomes of a Remand Hearing

1. Remand in Custody

If the court concludes that bail is not appropriate, the defendant may be remanded in custody. Key circumstances include:

• Significant risk the defendant will not surrender to custody;
• Risk of committing further offences if released;
• Risk of interference with witnesses, jurors, or evidence;
• Public protection concerns justified under law.

Being remanded in custody means the defendant will remain in a prison or remand centre until the next scheduled court appearance or trial.

2. Remand on Bail

The court may decide to release the defendant on bail with conditions, which may include:

• A residence requirement;
• Reporting to a police station at set times;
• Electronic monitoring;
• Surety or other conditions tailored to reducing risk.

3. Unconditional Bail

If the court finds no compelling reason to restrict liberty, it may grant unconditional bail, allowing the defendant to return home without conditions. This outcome applies where the presumption of bail in the Bail Act 1976 is not displaced by statutory exceptions.

Custody Time Limits

In criminal proceedings, custody time limits ensure that defendants are not detained for excessive periods before trial or resolution. Generally:

• Magistrates' courts have limits such as a maximum of around eight clear days for initial remand periods, followed by specific provisions for extensions.
• Crown Court remands may continue until trial, subject to statutory time limits and extensions that can be applied for by the prosecution with judicial approval.

If time limits expire without trial, the defendant must usually be released on bail unless a lawful extension has been granted.

Review and Appeal of Remand Decisions

A remand decision can be reviewed or challenged if there is a significant change in circumstances or if the defence seeks bail at a later date. For example:

• Defendants can make further bail applications at subsequent hearings if new evidence or circumstances arise.
• Prosecutors may appeal bail decisions in some cases.

Practical Considerations for Defendants

Preparing for a Remand Hearing

Defendants and their representatives should prepare:

• Evidence of strong community ties, accommodation and support;
• Mitigating circumstances demonstrating low risk of re‑offending or interference;
• Proposed bail conditions that address risk factors identified by the court.

After a Remand Hearing

If remanded in custody, the defendant will remain detained until the next court date. If granted bail, they must comply with all conditions to avoid a return to custody.

Key Takeaways

A remand hearing in England and Wales is a critical stage of criminal proceedings where a court decides whether a defendant should be detained in custody or released on bail while the case continues. The decision balances the statutory right to bail with the need to protect the public, prevent further offending, and ensure the effective progress of the case. The court considers submissions from both prosecution and defence, with the outcome recorded and reasons explained. Understanding the process helps defendants and their representatives engage effectively in the legal process and address issues relevant to bail and remand.