Remanded in custody
When a person is accused of committing a crime and charged with an criminal offence, they may be remanded in custody or released on bail until their trial begins. 'Remanded in custody' means that person is held in custody until their trial or until they are released on bail. The accused person is not allowed to leave prison or the custody of the police until their next court appearance when they can make an application for bail. The court may refuse bail for those who are considered a flight risk, a danger to the public or a risk of interfering with the course of justice.
See Adult Court Pronouncement Cards - refusing bail / remand in custody - (below):-
Remand in custody pre-conviction (either-way & indictable offences)
You are remanded in custody until ....[date]
We are not granting you bail because:
1. there are substantial grounds to believe that:
a. you will not come back to court [and/or]
b. you will commit an offence [and/or]
c. you will interfere with witnesses or obstruct the course of the case [and/or]
2. it is alleged you have committed this offence whilst on bail [and/or]
3. you have previously been released on conditional bail and have not kept to those conditions
[In any of the above exceptions] and if you are convicted, we believe, there is a real prospect of you receiving a custodial sentence for this offence [and/or]
4. there are substantial grounds to believe that you will commit an offence that is likely to cause, or make ........ [insert details of associated person] fear physical or mental injury [and/or]
5. you have tested positive for ....... [insert details of Class A drug] but will not agree to a drug assessment and/or treatment [and/or]
6. we are satisfied that this is for your own protection [and/or]
7. you are already a serving prisoner [and/or]
8. we are satisfied that we do not have enough information and we cannot reach a decision about bail.
We believe this because:
a. of the nature and seriousness of the offence and how you might be dealt with for it [and/or]
b. of your criminal record and personal background and character [and/or]
c. you have not complied with previous grants of bail [and/or]
d. of the strength of the evidence against you [and/or]
e. you may engage in conduct that may cause, or make an associated person fear injury [and/or]
f. [any other relevant reason - insert details.]
[If the next hearing is by videolink state] You will not be produced before the court on ..... but will take part in the hearing over a live television link in the same way as if you were here in person.
Remand in custody post-conviction (either-way & indictable offences)
You are remanded in custody until .................
We are not granting you bail because:
- 1. there are substantial grounds to believe that:
- a) you will not come back to court [and/or]
- b) you will commit an offence [and/or]
- c) you will interfere with witnesses or obstruct the course of the case [and/or]
- 2. it is alleged you have committed this offence whilst on bail [and/or]
- 3. you have previously been released on conditional bail and have not kept to those conditions
- 4. there are substantial grounds to believe that you will commit an offence that is likely to cause, or make .............[insert details of associated person] fear physical or mental injury [and/or]
- 5. you have tested positive for ............... [insert details of Class A drug] but will not agree to a drug assessment and/or treatment [and/or]
- 6. we are satisfied that this is for your own protection [and/or]
- 7. you are already a serving prisoner [and/or]
- 8. we are satisfied that we do not have enough information and we cannot reach a decision about bail.
- 9. this is the only appropriate way to make sure a report is prepared.
We believe this because:
- a. of the nature and seriousness of the offence and how you might be dealt with for it [and/or]
- b. of your criminal record and personal background and character [and/or]
- c. you have not complied with previous grants of bail [and/or]
- d. of the strength of the evidence against you [and/or]
- e. you may engage in conduct that may cause, or make an associated person fear injury [and/or]
- f. [any other relevant reason - insert details.]
[If the next hearing is by videolink state] You will not be produced before the court on .............. but will take part in the hearing over a live television link in the same way as if you were here in person.
Remand in custody post-conviction (summary imprisonable offences)
You are remanded in custody until .................
We are not granting you bail because:
- 1. we believe that you will not come back to court because of your previous failure to do so [and/or]
- 2.there are substantial grounds to believe that you will commit another offence on bail because this offence is alleged to have been committed on bail [and/or]
- 3.you have previously been released on conditional bail and have not kept to those conditions and we have substantial grounds to believe that:
- a. you will not come back to court [and/or]
- b. you will commit an offence [and/or]
- c. you will interfere with witnesses or obstruct the course of of the case [and/or]
- 4. there are substantial grounds to believe that you will commit an offence that is likely to cause, or make ....... [insert details of associated person] fear physical or mental injury [and/or]
- 5. you have tested positive for ....... [insert details of Class A drug] but will not agree to a drug assessment and/or treatment [and/or]
- 6. we are satisfied that this is for your own protection [and/or]
- 7. you are already a serving prisoner [and/or]
- 8. we are satisfied that we do not have enough information and we cannot reach a decision about bail.
[If the next hearing is by videolink state] You will not be produced before the court on ....... but will take part in the hearing over a live television link in the same way as if you were here in person.
Custody Time Limits (CTLs)
Custody Time Limits restrict the time an unconvicted defendant, who is remanded in custody, can remain in custody before their trial starts. Custody time limits apply to each and every charge and not the offender. Each charge attracts its own Custody time limit. There is a maximum of 182 days/6-months and Judges have the power to extend time limits for remand beyond this.
Section 22 of the Prosecution of Offences Act 1985 (POA 1985), The Prosecution of Offences (Custody Time Limits) Regulations 1987 and the Criminal Procedure Rules regulate Custody Time Limits. The provisions establish the maximum periods of time which an accused can be kept in custody before trial.
The Custody Time Limit Regulations apply to:
• summary only offences and either way offences to be tried in the magistrates' court;
• to indictable offences sent to the Crown Court (indictable only and either way);
• to indictments following an order for a retrial
Different periods are applicable depending on whether the offence is summary, triable either-way or indictable only:-
- • 56 days between the first appearance and trial for summary offence;
- • 70 days between the first appearance and summary trial for an offence which is triable either-way (the period is reduced to 56 days if the decision for summary trial is taken within 56 days);
- • 182 days if the court allocates a triable either-way offence case for Crown Court trial (less any time the defendant has spent in custody of the magistrates' court); or the defendant elects a Crown Court trial (less any time the defendant has spent in custody of the magistrates' court);
- • 182 days between the dates an accused is sent for trial under s51 of the Crime and Disorder Act 1998 for indictable-only offences and the start of trial (less any time spent in custody if remanded by the magistrates' court).
- • 112 days from the preferment of the Bill (delivery to the court) if the prosecution is granted a Bill of Indictment under s 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933 by a High Court judge;
- • 112 days following an order by the Court of Appeal for a retrial on a fresh indictment.
A Custody Time Limit ends at midnight on the day of the expiry date (Regulation 2(4)). When calculating the time limits and their expiry dates, the relevant date for beginning the calculation is the day after the date of first appearance at court. Where a CTL is due to expire on a Saturday, Sunday, Christmas Day, Good Friday, or a Bank Holiday, it will be treated as ending on the next earlier normal working day (Regulation 2(5)).
A Custody Time Limit calculator (CTL Calculator can be found on the CPS website.
A CTL will cease to apply to a charge/count in the following scenarios:
- • An accused is granted bail and released from custody in relation to that offence: any remaining balance of the CTL is suspended and remains so, as long as the defendant remains on bail.
- A guilty plea is entered and accepted by the prosecution and court. (If a guilty plea is not accepted the CTL continues - e.g. a guilty plea to manslaughter instead of murder, but this is not accepted).
Note: Where a defendant is later allowed to vacate a guilty plea, no CTL re-starts. But any further trial preparation must be conducted with all due diligence and expedition to avoid further delay. The position cannot be distinguished from the situation where a trial on indictment has commenced and the CTL has stopped, but subsequently, the jury have been discharged and a retrial ordered. However, in such a case, the judge should be vigilant to protect the interests of the defendant by fixing a speedy retrial or considering a grant of bail or even a stay of the proceeding: R v Crown Court at Leeds, ex parte Whitehead (No. 2) [2000] 164 J.P. 102
- • A guilty plea has been entered and accepted by the prosecution, but the basis of plea is not accepted and the case is adjourned for a Newton Hearing to determine the facts and basis of sentence.
- • At arraignment, a guilty plea is entered to an acceptable alternative offence, for which the person could have been convicted at trial on the original indictment. There has effectively been an acquittal of the denied matter and CTLs cease on that offence (s.6(5) Criminal Law Act 1967).
Note: The guilty plea must be to an alternative offence to that which appeared on the original indictment. For example, GBH with intent instead of attempted murder, s20 GBH for s18 GBH with intent.
- • The start of a summary trial in the magistrates' or youth court. A summary trial starts when:
- • The court accepts a guilty plea, or
- • The court begins to hear prosecution evidence (either at trial or to consider whether to make a hospital order under s.37(3) Mental Health Act 1983, (see s.22 (11B) of the Act).
- •The start of a Crown Court trial. A trial on indictment begins when:
- • The court accepts a guilty plea, or
- • When a jury is sworn
Note: It used to be the case that this included the swearing of a jury to consider the issue of fitness to plead (under the Criminal Procedures (Insanity) Act 1964), but now, following an amendment by s.22 of the Domestic Violence, Crime and Victims Act 2004, the judge makes this finding before a jury is sworn. Whether this finding by the judge ends the CTL is uncertain as the Act made no amendment to clarify when the 'start of the trial' is deemed to occur i.e. whether it is when the judge decides the fitness issue or when a jury starts to consider whether the offender committed the act. This omission may have been an oversight. The judge should therefore be asked if the CTL has stopped: if not, it will have to be monitored until a jury is sworn. For more detail, see the section below on "Fitness to Plead".
- • An offence is discontinued or no evidence is offered.
- • A count is ordered to lie on file.
- • At the point when any summary offence is sent to the Crown Court.
Note: When an offence is "remitted back" to the magistrates' court from the Crown Court, the Regulations make no provision for any CTL to apply in these circumstances.
- • A trial begins with the start of a preparatory hearing in relation to a serious or complex fraud under s.8 Criminal Justice Act 1987, or for lengthy, serious or complex cases under Part 3 of the Criminal Procedure and Investigations Act 1996, or in terrorism related cases.
Time spent remanded on bail with a qualifying curfew condition and an electronic monitoring condition to count towards time served (or detention and detention and training orders)
Time spent on bail with a qualifying curfew condition and an electronic monitoring condition count as time served (s.240A Criminal Justice Act 2003) if:-
• there is an electronic monitoring condition/requirements imposed under section 3(6ZAA) of the Bail Act 1976 for the purpose of securing the electronic monitoring of a person's compliance with a qualifying curfew condition;
• the person granted bail to remain at one or more specified places for a total of not less than 9 hours in any given day;
Under Sentencing Act 2020 the court must specify the credit period for the purposes of section 240A of the Criminal Justice Act 2003 (time remanded on bail to count towards time served) in relation to the sentence.
The time spent on bail with a qualifying curfew condition must relate to the offence for which the sentence was imposed (or an associated offence)
Each day of curfew is equal to half a day of time served rounded up to the nearest whole number if necessary.
Step 1
Add-
(a) the day on which the offender's bail was first subject to the relevant conditions (and for this purpose a condition is not prevented from being a relevant condition by the fact that it does not apply for the whole of the day in question), and
(b) the number of other days on which the offender's bail was subject to those conditions (but exclude the last of those days if the offender spends the last part of it in custody).
Step 2
Deduct the number of days on which the offender, whilst on bail subject to the relevant conditions, was also-
(a) subject to any requirement imposed for the purpose of securing the electronic monitoring of the offender's compliance with a curfew requirement, or
(b) on temporary release under rules made under section 47 of the Prison Act 1952.
Step 3
From the remainder, deduct the number of days during that remainder on which the offender has broken either or both of the relevant conditions.
Step 4
Divide the result by 2.
Step 5
If necessary, round up to the nearest whole number.
Under the 'slip rule' the days spent in custody can be corrected if there has been an error or omission within 56 days beginning with the date of the sentence hearing (s.155 Powers of Criminal Courts (Sentencing) Act 2000 or 'as soon as reasonably practicable' in the magistrates' court - s.142 Magistrates' Courts Act 1980 and Criminal Procedure Rule 28.4(3)).
Credit for Time Spent on Remand in Custody
When a defendant facing trial is remanded in custody, the time spent on remand will automatically count towards the sentence imposed - s.240ZA Criminal Justice Act 2003. Where a life sentence is imposed, the judge must state the number of days spent on remand which will be deducted from the sentence (to reduce the minimum term). If the number of days on remand provided to the judge proves to be inaccurate then the prosecution or defence must notify the court so that the case can relisted to correct the calculation as soon as possible and in any event within 56 days.
See.
CPS legal guidance - Custody Time Limits
https://www.legislation.gov.uk/ukpga/1980/43/part/VII/crossheading/remand
https://www.gov.uk/life-in-prison
Pronouncement cards provide guidance for magistrates and are used for reference at court to assist magistrates explain their decisions fully and clearly:
Adult Court Pronouncement Card - remand in custody pre-conviction either-way indictable offences
Adult Court Pronouncement Card - remand in custody post-conviction summary imprisonable offences
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