Remand vs Sentenced: What Being Held on Remand Means and How It Differs
By Daniel Hockey · Checked against GOV.UK and legislation · Last updated 8 October 2026 · 11 min read
The short answer: Being remanded in custody means you are held in prison before your trial or sentence, because the court refused bail. Being sentenced means a court has passed a prison sentence and you are serving it. Remand prisoners who have not been convicted keep extra rights: they can usually wear their own clothes, must be able to have visits on at least three days a week, each lasting at least an hour, and do not have to work. Custody time limits cap remand before trial at 56, 70 or 182 days depending on the case, unless extended. Every day on remand counts towards any later sentence.
Need support?
- Prisoners' Families Helpline 0808 808 2003 (free)
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| Key fact | Detail |
|---|---|
| Right to bail | Bail Act 1976, section 4, unless an exception applies |
| 2026 change | Remand should not be sought where there is no real prospect of immediate custody (from 22 March 2026) |
| Custody time limits | 56 days (summary), 70 days (either way, magistrates), 182 days (Crown Court) |
| Remand visits | Visits available on at least three days a week, at least one hour each (unconvicted) |
| Sentenced visits | At least two one-hour visits every four weeks |
| Remand time | Counts in full towards any custodial sentence |
| Tagged bail | Half a day of credit per day of qualifying curfew |
What is the difference between remand and sentenced?
There are three main legal statuses in prison, and they bring different rights.
| Status | Who | Key point |
|---|---|---|
| Unconvicted remand | Charged, awaiting trial, bail refused | Presumed innocent; keeps special rights |
| Convicted unsentenced | Found or pleaded guilty, awaiting sentence | Treated as convicted; loses most special remand rights |
| Sentenced | Serving a prison sentence | Release date calculated; full prison regime applies |
HMPPS policy is clear that convicted unsentenced prisoners lose the special rights and privileges of unconvicted prisoners, although they keep the right to vote.
Why are people remanded in custody?
Everyone charged with an offence has a general right to bail under section 4 of the Bail Act 1976. The court can refuse bail only if an exception in Schedule 1 applies.
The main reasons the court can refuse bail
- Substantial grounds to believe you would fail to surrender, commit offences on bail, or interfere with witnesses
- A risk of domestic abuse-related offending against an associated person
- The offence was committed while you were already on bail
- You need to be kept in custody for your own protection
- You are already serving a custodial sentence
- There has not been enough time to get the information needed
- You were bailed earlier in the case and then arrested for breaking bail
The 2026 "no real prospect" test
From 22 March 2026, the Sentencing Act 2026 changed the Bail Act. For adults, several of the main exceptions do not apply where there is no real prospect of an immediate custodial sentence. A suspended sentence no longer counts as custody for this test. Because sentences of 12 months or less must now usually be suspended, fewer people should be remanded for lower-level offences.
New factors the court must consider
The court must now also consider whether you are pregnant, are the primary carer for another person, or have been a victim of domestic abuse.
Bail applications
You are entitled to make a full bail application at the first hearing where bail is refused. At later hearings the court must consider bail again, but it does not have to rehear arguments it has already heard unless circumstances have changed. If magistrates grant bail, the prosecution can appeal to the Crown Court; the appeal must be heard within 48 hours, excluding weekends and public holidays.
How long can you be held on remand?
Custody time limits
Custody time limits stop people being held indefinitely before trial. They come from the Prosecution of Offences (Custody Time Limits) Regulations 1987.
| Type of case | Maximum remand before trial |
|---|---|
| Summary-only offence (magistrates' court) | 56 days |
| Either-way offence tried in the magistrates' court | 56 days if summary trial is decided by day 56; otherwise 70 days |
| Indictable-only offence in the magistrates' court | 70 days to the committal decision |
| Case sent to the Crown Court | 182 days to the start of trial, minus time already spent in magistrates' custody |
The limit starts at the first court appearance where you are remanded in custody. It ends when the trial starts, which in the Crown Court means when a jury is sworn or a guilty plea is accepted.
Can the time limit be extended?
Yes. The prosecution can apply before it expires. The court must be satisfied there is a good and sufficient cause, such as illness or a missing witness, and that the prosecution has acted with all due diligence and expedition. If the limit expires without extension, you have an immediate right to bail, although conditions can be imposed.
How often you go back to court
Magistrates can remand you for up to 8 clear days at a time. If you have already been remanded and the next hearing date is fixed, the remand can run to that date or for up to 28 days, whichever is shorter. Many of these hearings take place by video link from prison.
Children on remand
Under-18s are held in secure accommodation for young people rather than adult prison. The government says they cannot normally be held for more than 56 days in a youth or magistrates' court case, or 182 days in a Crown Court case, unless there are exceptional circumstances.
Rights of remand prisoners
The Remand Prisoners Policy Framework, issued on 14 May 2026, sets out what unconvicted prisoners in the adult estate are entitled to.
| Right | Unconvicted remand prisoner | Sentenced prisoner |
|---|---|---|
| Social visits | Visits on at least 3 days a week, at least 1 hour each | At least 2 one-hour visits every 4 weeks |
| Clothing | Own clothes if suitable, tidy and clean | Prison clothing unless allowed as a privilege |
| Cell sharing | Must not be made to share with a convicted prisoner | Can share with other convicted prisoners |
| Own doctor or dentist | Can be seen at own expense | NHS prison healthcare |
Unconvicted prisoners can also send as many letters as they wish, with two a week sent at public expense, and they can vote. Work is optional for them under Prison Rule 31(5), as summarised in the policy framework.
Visits
Unconvicted prisoners may receive as many visits as they wish within reasonable limits. Prison visits policy says visits must be available on at least three days a week, including weekends, and each visit must last at least an hour. Since 2 September 2026, new punishments that restrict social visits apply only to convicted prisoners, and visits from a prisoner's children are exempt. Our guide on booking a prison visit explains how to arrange one.
Clothing
Under Prison Rule 23, unconvicted prisoners can wear their own clothing if it is suitable, tidy and clean, and can have clean clothes sent in. They can be made to wear prison clothing if they are an escape risk or would be highly dangerous if they escaped. See our guide to sending clothes to prison.
Legal preparation
Remand prisoners must be given reasonable facilities to prepare for trial and to seek bail, including legal visits and video links with lawyers. Our guide to legal aid and solicitors explains how to get help.
Money, housing and benefits
Most benefits stop when you are imprisoned. One exception is that housing costs can continue for up to six months for some single prisoners on remand. Remand prisoners can also be helped to keep their accommodation and job where possible.
How remand time counts towards a sentence
Time in custody
If you are convicted and given a custodial sentence, every day you spent remanded in custody for that offence, or a related offence, counts as time served. The prison applies it automatically. A day cannot count towards two sentences, and days when you were also serving another sentence do not count.
Tagged bail
If you were on bail with a curfew of at least 9 hours a day and an electronic tag, the court must give credit of half a day per day, rounded up. The judge should state the figure in open court.
Worked examples
| Sentence | Remand | Custodial part (one third) | Time left after sentence |
|---|---|---|---|
| 12 months | 3 months in custody | 4 months | About 1 month |
| 2 years | 9 months in custody | 8 months | None: released from court |
| 4 years | 5 months in custody | 1 year 4 months | 11 months |
| 3 years | 120 days tagged bail (60 days credit) | 12 months | About 10 months |
These assume an adult, a standard determinate sentence for a non-excluded offence imposed on or after 1 October 2026, and no added days. Our guide on how long you will actually serve explains the one-third rule and its exclusions.
If remand is longer than the custodial part
If your remand already covers the custodial part, you are normally released on licence from court. Remand only counts towards a sentence for the same or a related offence, so extra days generally cannot be used for something else later.
Moving from remand to sentenced
When you are convicted, your status changes even before sentence. HMPPS policy recognises that a change in status, such as conviction or sentence, can increase the risk of suicide and self-harm, so staff should check how you are coping. Tell someone if you are struggling.
After sentence, you get a release date slip within 5 working days, may be moved to a different prison, and start on the sentenced regime. Our guides to sentencing day and self-surrender vs remand cover what to expect.
What to do next
- Ask your solicitor about bail. Check whether the 2026 "no real prospect" test applies, and whether a tagged curfew could be offered instead.
- Track the custody time limit. Your solicitor should know the expiry date. Ask if a trial date looks likely to fall after it.
- Keep a record of dates. Note when you were first remanded and any tagged bail, so credit is not missed.
- Use your remand rights. Ask family to book visits and send clothes, and ask for legal visits.
- Know your rights. Our guide to your rights as a new prisoner covers complaints and support.
For families of someone on remand
Remand can be harder than a sentence because nobody knows how long it will last. Visits are more frequent for unconvicted prisoners, so use them. Keep in touch with the solicitor, with your relative's consent, about hearing dates. The Prisoners' Families Helpline offers support on 0808 808 2003.
Frequently asked questions
What is the difference between remand and sentenced?
A remand prisoner is held in custody before trial or before sentence, because bail was refused. A sentenced prisoner is serving a prison term imposed by the court. Unconvicted remand prisoners keep extra rights, such as wearing their own clothes and more frequent visits.
How long can you be held on remand in the UK?
In England and Wales, custody time limits are 56 days for summary offences, up to 70 days for either-way cases in the magistrates' court, and 182 days for cases sent to the Crown Court. The prosecution can apply to extend them if it has acted with due diligence and there is good cause.
Does time on remand count towards a sentence?
Yes. Every day remanded in custody for the offence, or a related offence, counts as time served. The prison applies it automatically, and it can mean immediate release if it already covers the custodial part.
Can remand prisoners wear their own clothes?
Usually, yes. Under Prison Rule 23 unconvicted prisoners can wear their own clothing if it is suitable, tidy and clean. They can be required to wear prison clothing if they are an escape risk.
How many visits do remand prisoners get?
Prison visits policy says visits must be available on at least three days a week, each lasting at least an hour. Sentenced prisoners are entitled to at least two one-hour visits every four weeks, with more available as privileges.
Do remand prisoners have to work?
No. Work is optional for unconvicted prisoners. They can choose to work or take part in education where the prison offers it.
Can remand prisoners vote?
Yes. HMPPS policy confirms that unconvicted remand prisoners can vote, and that convicted prisoners who have not yet been sentenced keep the right to vote.
Can I be remanded if I am unlikely to go to prison?
For adults since 22 March 2026, the main grounds for refusing bail do not apply where there is no real prospect of an immediate custodial sentence. A likely suspended sentence does not count as immediate custody.
Sources and how we checked this page
This page was written by Daniel Hockey and checked on 8 October 2026 against:
- Bail Act 1976, Schedule 1 Part I (legislation.gov.uk)
- Ministry of Justice Circular 2026/01: Bail Act amendments by the Sentencing Act 2026 (GOV.UK)
- CPS legal guidance: Bail
- CPS legal guidance: Custody time limits
- Prosecution of Offences (Custody Time Limits) Regulations 1987, regulation 4
- Prosecution of Offences (Custody Time Limits) Regulations 1987, regulation 5
- GOV.UK: Being charged with a crime: remand
- HMPPS Remand Prisoners Policy Framework (May 2026)
- HMPPS PSI 16/2011: Providing visits and services to visitors (September 2026)
- Prison Rules 1999, rule 23 (legislation.gov.uk)
- HMPPS: Early Days in Custody (PSI 07/2015)
- Criminal Justice Act 2003, section 240ZA (legislation.gov.uk)
- Criminal Justice Act 2003, section 240A (legislation.gov.uk)
- Sentencing Act 2020, section 325 (legislation.gov.uk)
- GOV.UK: Support for families and friends of prisoners
This page is general information about the law in England and Wales, not legal advice. Every case depends on its facts. Speak to a qualified solicitor about your situation.