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”

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Credit for Time Spent on Remand in Custody
Credit for Time Spent on Bail with a Qualifying (Tagged) Curfew

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Credit for time spend on remand in custody

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.