Calculating time spent on remand or on tagged bail


Published by a ½Û×ÓÊÓƵ Corporate Crime expert
Practice notes

Calculating time spent on remand or on tagged bail


Published by a ½Û×ÓÊÓƵ Corporate Crime expert

Practice notes
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Time spent on remand

Where an offender is given a determinate custodial sentence (ie a sentence of imprisonment for a fixed period of time), the amount of time spent on remand in custody to be counted towards their sentence must be calculated and applied administratively by the Prison Service. Provision for this is contained in section 240ZA of the Criminal Justice ACT 2003 (CJA 2003). For determinate prison sentences, the sentencing judge will announce the overall sentence and it is for the Prison Service to then calculate the reduction for time spent on remand in custody. The process is different for time spent subject to a qualifying curfew and time spent in custody awaiting extraction (see below).

Remanded in custody has a restricted meaning and only applies to defendants remanded in or committed to custody by order of a court, kept in secure accommodation, detained in a secure training centre or remanded to hospital.

The Prison Service have the responsibility for automatically crediting periods of relevant remand to custody towards sentences. The Prison

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Bail definition
What does Bail mean?

Bail is the right to be released from custody before the case is concluded, or sentence is passed, assuming there is no risk of absconding or committing further offences while on bail or attempting to interfere with witnesses or otherwise pervert the course of justice.

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