Credit for time spent on remand

Credit for Time Spent on Remand in Custody

When an adult defendant facing trial is remanded in custody, the time spent on remand will automatically count towards the sentence imposed.  Time does not automatically count for juveniles (under 18s) facing a detention and training order, so the judge will have to adjust such a sentence to take account of any time served. 

"WHEN AN ADULT DEFENDANT FACING TRIAL IS REMANDED IN CUSTODY, THE TIME SPENT ON REMAND WILL AUTOMATICALLY COUNT TOWARDS THE SENTENCE IMPOSED"

Imagine that an adult defendant spends three months in custody awaiting trial.  He is found guilty and then sentenced to 2 years’ imprisonment.  He is entitled to be released on licence at the halfway point of 12 months (unless released earlier under Home Detention Curfew).  Since he has already served 3 months, this counts as time served and he will therefore have a maximum of 9 months left to serve before release.

The time spent on remand must relate to the same offence (or a related offence) the sentence was imposed for.  

Credit for Time Spent on Bail with a Qualifying Curfew

Time spent on bail under a qualifying curfew condition also counts as time served.  To qualify the curfew must be for a minimum of 9 hours per day and must be electronically monitored.  Each day of curfew equates to half a day of time served which the just must give credit for when imposing the sentence. 

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.