Remand in Custody or on a Tagged Curfew to count towards sentence
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“When an adult defendant facing trial is remanded in custody, the time spent on remand will automatically count towards the sentence imposed”
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 without the judge having to mention this in court (s.240ZA Criminal Justice Act 2003). However, where a life sentence is imposed, the judge must specifically credit the time spend on remand.
For example, if an adult defendant spends 3 months in custody before being found guilty at trial, then receives a sentence of 2 years’ imprisonment, he/she would (for most sentences) be entitled to early release on licence at the halfway point of 12 months (unless released earlier under Home Detention Curfew).
Since the defendant has already served 3 months, this counts as time served meaning a maximum of 9 months left to serve before release.
The time spent on remand must relate to the offence for which the sentence was imposed (or a related offence the defendant was charged with and which was founded on the same facts or evidence). For example, if a defendant was remanded in custody for an offence of Grievous Bodily Harm with Intent, but was convicted off the lesser offence of Grievous Bodily Harm, the lesser offence is founded on the same facts and therefore time spent in custody will count.
It is worth bearing in mind that a considerable time spent in custody can also be taken into account by the court in deciding the sentence to be imposed. For example, it might persuade a court not to impose an immediate custodial sentence, but rather to release the defendant with a Suspended Sentence or a Community Order. It might persuade a court to reduce the duration of a Community Order, or of any requirements attached. These are matters which a defence advocate can put on behalf of a client in their Plea in Mitigation.
Credit for Time Spent on Bail with a Qualifying (Tagged) Curfew
Time spent on bail under a Qualifying (Tagged) Curfew condition also counts as time served (s.240A Criminal Justice Act 2003).
To qualify, the curfew must be for a minimum of 9 hours per day and must be electronically monitored (tagged). Each day of curfew equates to half a day of time served which the judge must give credit for when imposing the sentence (s.325 Sentencing Act 2020).
No time will be deducted if the curfew occurs on the same day as a Community Order, a Youth Rehabilitation Order or a requirement of a Suspended Sentence with a similar qualifying curfew, or release on Home Detention Curfew or another temporary release with a similar qualifying curfew.
Credit for a Qualifying Curfew does not happen automatically, unlike credit for time spent on remand which does. For this reason, it must be raised with the court at the sentencing hearing.
There is a specific step in the Sentencing Guidelines to remind courts of the need to take a Qualifying Curfew into account.
The time spent on tagged curfew must relate to the offence for which the sentence was imposed (or a related offence the defendant was charged with and which was founded on the same facts or evidence).
If time spent on tagged curfew is missed at the sentence hearing, the matter can be brought back to court under what is known as the slip rule (a rule to deal with omissions or errors). In the Crown Court, this must be done within 56 days beginning with the date of sentence (s.155 Powers of Criminal Courts (Sentencing) Act 2000 and ‘as soon as reasonably practicable’ in the magistrates’ court - s.142 Magistrates’ Courts Act 1980 and Criminal Procedure Rule 28.4(3)).
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