Cheap Prison Calls: What Is Remand, And How Does It Work?

When someone is charged with a criminal offence in the UK, they may not always be granted bail before their trial. In some cases, the accused is placed on remand, meaning they are held in custody until their trial or sentencing. This can happen for a variety of reasons, including concerns that the individual may pose a risk to the public or that they might interfere with the case. This article will explain what remand is, why it happens, and how the process works in the UK.

What is remand?

Remand refers to the process of holding an individual in custody while they await trial or sentencing. When a person is charged with a criminal offence, the court can either grant them bail or remand them into custody. If they are remanded, they will stay in prison until their trial or until they are sentenced if found guilty.

Being on remand doesn’t mean that a person has been convicted of a crime. It simply means that they are being held in custody during the legal process. Remand is sometimes referred to as "pre-trial detention" or "pre-sentence detention."

Why do courts remand people?

Courts decide to remand individuals for several reasons, usually when they believe that granting bail is not safe or appropriate. The main factors that influence the court's decision include:

Risk to Public Safety:
If the accused is charged with a serious or violent crime, the court may determine that they pose a risk to the public. In such cases, the accused is kept in custody to ensure that they do not harm others while awaiting trial.

Risk of Absconding:
If the court believes the accused may not return for their trial (a "flight risk or absconding"), they may choose to remand them. This is more common in cases where the accused does not have strong ties to the community or is facing severe penalties that might incentivise fleeing.

Interference with the Case:
If there is concern that the accused may interfere with witnesses or tamper with evidence, the court might choose to remand them. This is often the case in complex investigations where there may be multiple witnesses or pieces of evidence that could be influenced.

History of Non-Compliance:
If the accused has a history of failing to comply with bail conditions or not attending court, this can lead to remand. The court needs to feel confident that the individual will follow the conditions imposed upon them if released on bail.

Protecting the Accused:
In some situations, the court may believe that remanding the accused is necessary to protect them from harm. For example, if the accused is at risk of retaliation or violence from others due to the nature of the crime, being on remand can provide a level of protection.

The process of being remanded

When an individual is first charged with an offence, they will attend a court hearing known as a bail hearing. During this hearing, the court will decide whether the accused should be granted bail or remanded in custody. Several factors, such as the severity of the crime and the individual’s history, will be taken into account.

Bail Conditions
If the court decides that the accused can be granted bail, there may be specific conditions attached to their release. These could include:
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- Surrendering their passport to prevent them from leaving the country.
- Reporting regularly to a police station.
- Residing at a specific address, such as their home or with a relative.
- A curfew or electronic tagging.
- Restrictions on contact with certain individuals, such as witnesses or co-defendants.

If these conditions are violated, the court may revoke bail and remand the accused back into custody.


Remand in Custody
If the court determines that remand is appropriate, the accused will be taken to prison. The individual will stay on remand until their trial date. Although they are held in prison, people on remand are treated differently from convicted prisoners. They have specific rights and privileges, such as wearing their own clothes, more frequent visits, and the ability to maintain contact with their family and friends.

In some cases, a person on remand may spend weeks or even months in custody before their trial, depending on how long the legal process takes. This can be difficult for the accused, particularly if they are later found to be innocent.

How long can you be held on remand?

The length of time an individual can be held on remand depends on several factors, including the complexity of the case, court schedules, and legal procedures. However, there are certain legal limits to prevent individuals from being held indefinitely without trial.

For example, in most cases, individuals charged with an indictable offence (a more serious crime) should not be held on remand for more than 182 days (approximately six months). After this period, if the trial has not commenced, the court must either release the accused on bail or apply for an extension.

In cases of less serious crimes, the period of remand is usually shorter, and the court aims to schedule the trial as quickly as possible. Delays can occur, though, due to backlog in the court system or the need for further investigation.

What happens if you are found guilty or not guilty?

If an individual on remand is found not guilty at trial, they are released immediately. The time spent on remand is not considered part of a sentence since no sentence is applicable. However, if the individual was denied bail and spent a significant amount of time in custody, this can be a challenging experience, especially if they are acquitted.

If the individual is found guilty, the time spent on remand is usually taken into account when sentencing. This is known as "time served." For example, if an individual is sentenced to 12 months in prison but has already spent six months on remand, the judge may reduce the sentence to account for the time already spent in custody.

In some cases, the individual may be released immediately if the sentence they receive is shorter than the time they spent on remand.

Rights of people on remand

While on remand, individuals have certain rights that differ from convicted prisoners. These rights are designed to reflect the fact that they have not yet been convicted of a crime and are therefore considered innocent until proven guilty. Some of the key rights include:

Visiting Rights:
People on remand can have more frequent visits from family and friends than convicted prisoners. This helps them maintain contact with their support network during a stressful time.

Clothing:
Unlike convicted prisoners, individuals on remand are often allowed to wear their own clothes. This is an important distinction, as wearing personal clothing can help maintain dignity and a sense of identity.

Preparation for Trial:
Individuals on remand must be given access to legal support, including regular contact with their solicitor. They also have the right to prepare for their trial, review evidence, and plan their defense with their legal team.

Employment and Education:
While on remand, individuals are encouraged to participate in educational programs or work schemes available in the prison. However, they are not required to work in the same way that convicted prisoners may be.

Health and Wellbeing:
People on remand have access to healthcare services, including mental health support. If they have any health concerns or pre-existing conditions, they should inform the prison medical team upon arrival.

Keeping occupied

Life in prison can be monotonous, but most modern prisons provide in-cell entertainment like televisions. Prisoners can rent a TV for a small weekly fee, which is deducted from their canteen account. Access to news, educational programs, and entertainment channels can make a significant difference in helping prisoners cope with their sentence.

Many prisoners also receive a kettle in their cells, allowing them to make hot drinks like tea and coffee, which can be purchased from the canteen.

Staying in touch with friends and family in the outside world is also pivotal for rehabilitation

Remand and mental health

Spending time on remand can be particularly challenging for individuals who struggle with mental health issues. The uncertainty surrounding their case, the isolation of being away from family and friends, and the stress of being held in custody can all exacerbate existing mental health problems. Many prisons offer mental health support services, but the conditions on remand can still be tough to endure.

For those who feel particularly vulnerable or anxious, it’s important to speak to prison staff, healthcare professionals, or the prison chaplain for support. In some prisons, inmates can speak to trained “Listeners,” who are fellow inmates trained by the Samaritans to provide confidential emotional support.

Remand plays an important role in the UK’s criminal justice system, ensuring that individuals who pose a risk to the public, who may interfere with the legal process, or who are unlikely to attend their trial are kept in custody until their case is resolved. While being on remand can be a difficult and stressful experience, it is important to remember that individuals on remand are innocent until proven guilty and have rights that protect them during their time in custody.

The decision to remand someone in custody is not taken lightly by the courts, and legal safeguards exist to ensure that individuals are not held for longer than necessary. If you or a loved one is facing time on remand, it’s crucial to seek legal advice and make use of the support available during this challenging period.