It only takes a few words from a judge to change your future. One moment you’re standing in court. Next, you’re told you’ll remain behind bars until your sentencing hearing. If you’ve been remanded in custody until sentencing, it’s natural to feel confused about what happens next, whether you can challenge the decision, and how long you’ll stay in custody. Knowing your rights at this stage can make a significant difference.
According to the Ministry of Justice, 17,582 people were held on remand in England and Wales as of 31 March 2025, the highest end-of-March figure recorded in at least 50 years.
At Cooper Hall Solicitors, our experienced criminal defence solicitors provide trusted advice and strong legal representation when you need it most.
What Does It Mean to Be Remanded in Custody Until Sentencing?
If the court remands you into custody until sentencing, it means you have to stay in jail while the judge figures out your final punishment. This isn’t your sentence, it’s just a temporary step until your sentencing hearing.
Judges do this sometimes when they need more information or want to make sure they pick the right sentence. Even though you’re locked up for now, you’re still in the middle of the justice process, and your legal rights don’t go away.
People held on remand represented around 20% of the total prison population in England and Wales at the end of March 2025.
The Difference Between Pre-Trial Remand and Remand Before Sentencing
Although both involve being held in custody, they happen at different stages of a criminal case.
| Type of Remand | When It Happens | Purpose |
| Pre-trial remand | Before guilt is decided | To ensure the defendant attends court and protect the public. |
| Remand before sentencing | After a guilty plea or conviction | To keep the defendant in custody until the court passes sentence. |
It’s important to recognize the difference here. Someone in pre-sentence custody has already had their case decided, they’re just waiting for the judge to hand down the sentence.
Why a Court Delays Sentencing After a Guilty Verdict or Plea
The court may not immediately issue a sentence after finding you guilty or taking your plea. This may be to give court officials more information about what outcome the judge should impose.
Common reasons include:
- Preparing a pre-sentence report.
- Obtaining medical or psychological assessments.
- Reviewing the seriousness of the offence.
- Considering your personal circumstances and criminal history.
- Applying the relevant sentencing guidelines.
While these reports are being prepared, the court may decide that remaining in custody is the safest and fairest option.
Why a Bradford Court May Remand You Before Sentencing
A court won’t automatically remand every defendant into custody before sentencing. The judge or magistrates must decide whether keeping you in prison is necessary based on the facts of your case. During Magistrates’ Court proceedings or Crown Court proceedings, both the prosecution and defence can present arguments before the court makes its custody decision.
Waiting for Pre-Sentence or Medical Reports
One common reason for custody before sentencing is that the court needs more information. A pre-sentence report prepared by the Probation Service helps the judge understand your background, the risk of reoffending, and whether a community-based sentence may be suitable. In some cases, the court may also request medical or psychiatric reports before deciding the appropriate sentence.
These reports give the judge a clearer picture of your circumstances and help ensure the sentence is fair and proportionate.
Risk Factors the Court Considers Before Sentencing
The court may also remand a defendant into custody if it believes there is a significant risk before the sentencing hearing.
Factors commonly considered include:
- The seriousness of the offence.
- The likelihood of failing to attend court.
- The risk of committing another offence.
- Previous breaches of bail conditions in the UK.
- Attempts to interfere with witnesses or obstruct justice.
- Your previous convictions and overall compliance with court orders.
Every case is different. The court must consider the individual circumstances before making a court custody decision. If circumstances change, an experienced bail application solicitor or criminal defence solicitor for remand hearings may be able to advise whether a fresh application is appropriate.
The Ministry of Justice reported that defendants in Crown Court cases experienced substantial waiting times during 2024. The median time from charge to completion was 160 days (around five months), while contested “for trial” cases had a median duration of 424 days, meaning some defendants remained on remand while their cases progressed.
What Happens After You Are Remanded Into Custody?
When a court in the UK orders a remand in custody, you’re taken straight from the courtroom to prison, even though you haven’t been sentenced yet. You’ll stay there until your next court hearing, unless the court decides to release you sooner. It helps to know what’s coming so the whole experience feels a little less overwhelming for you and your family.
Transfer From Court to Prison
After the hearing, custody officers escort you from the court cells to a prison transport vehicle. You are then taken to a prison selected by the authorities, depending on factors such as available space, security category, and location.
If your case was heard at Bradford Magistrates’ Court or Bradford Crown Court, you will normally be transferred on the same day.
The Prison Reception Process
When you arrive at prison, staff carry out several routine checks before admitting you. These include:
- Confirming your identity.
- Recording your personal and medical details.
- Assessing your physical and mental wellbeing.
- Explaining prison rules and daily routines.
- Arranging access to legal visits and telephone calls.
If you have medication, health concerns, or any immediate welfare needs, tell prison staff as soon as possible so they can provide appropriate support.
How Long You May Remain on Remand
There is no fixed period for remand until sentencing. The exact length of time will depend on when the court lists your sentencing hearing, whether reports and further evidence need to be obtained. Remand may take from days to several weeks, if there are unavoidable delays your solicitor will let you know of any updates and inform you of the potential for applications to be made before the sentencing hearing.
Your Rights While Remanded in Custody
Being held on remand does not mean you lose your legal rights. While you remain in custody, you are entitled to fair treatment, access to legal advice, and essential healthcare. Understanding these rights can help you and your family manage the period before sentencing with greater confidence.
Contacting Family and Receiving Visits
After arriving at prison, you will usually be allowed to inform a family member or friend where you are being held. Most prisons also allow:
- Social visits from approved visitors.
- Telephone calls during permitted times.
- Letters and secure electronic messages were available.
The exact arrangements vary between prisons, so visiting rules and booking procedures may differ.
Access to a Criminal Defence Solicitor
You have the right to speak with a solicitor throughout your case. A solicitor can explain the court’s decision, prepare your case for sentencing, and advise whether a further bail hearingin the UK or a remand application is possible if circumstances have changed.
Early criminal defence legal advice is important because it allows your solicitor to gather evidence, prepare mitigation, and ensure the court has all the relevant information before sentence is passed.
Healthcare, Welfare, and Daily Life in Custody
People on remand have access to healthcare services, including GP appointments, mental health support, and prescribed medication where appropriate. Prison staff can also provide welfare assistance if you have concerns about your safety, housing, employment, or family responsibilities.
If you have any medical condition or require ongoing treatment, tell prison staff immediately so appropriate care can be arranged.
Does Time Spent on Remand Count Towards Your Sentence?
Many people ask whether time spent in custody before sentencing reduces the length of their prison sentence. In many cases, it does. However, the exact calculation depends on the circumstances of your case and the type of sentence the court imposes.
How Remand Time Is Credited
If you receive a custodial sentence, the court will usually take into account the qualifying time you have already spent in pre-sentence custody. This helps ensure you do not serve the same period twice.
The table below explains how different periods are generally treated:
| Time Spent Before Sentencing | Usually Counts Towards a Sentence? |
| Time spent on remand in prison | Yes, in most cases |
| Time spent on police bail | No |
| Time released under bail conditions | No |
The judge will explain how your remand period has been considered when passing sentence.
Common Misunderstandings About Sentence Credit
One common myth is that time spent on remand counts as “double time.” That is not how the law works. In most cases, qualifying days in custody are credited once against your final custodial sentence.
If you are unsure how your remand period affects your sentence, ask your solicitor to explain the calculation. They can clarify the court’s decision and advise if you believe an error has been made.
What Happens at Your Sentencing Hearing?
Your sentencing hearing is the final stage of the criminal case. At this hearing, the judge decides the appropriate penalty after considering the facts, the law, and any information provided by both the prosecution and the defence. Your solicitor will present mitigation to help the court understand your circumstances before the sentence is announced.
Understanding the Judge’s Decision
Before deciding the sentence, the court will consider several factors, including:
- The seriousness of the offence.
- Whether you pleaded guilty.
- Your previous convictions, if any.
- The impact on the victim.
- Any pre-sentence or medical reports.
- Your personal circumstances and mitigation.
After reviewing the evidence, the judge will explain the reasons for the sentence. Depending on the case, you may receive a community order, a suspended sentence, immediate imprisonment, or another penalty allowed by law.
Your Options if You Disagree With the Sentence
If you believe the sentence is legally incorrect or unfair, you should seek legal advice without delay. In some cases, you may have the right to appeal or challenge the decision.
An experienced defence lawyer in Bradford can explain your options, assess whether there are grounds for an appeal, and guide you through the next steps. Acting promptly is important because appeals are subject to strict time limits.
Why Contact Cooper Hall Solicitors for Criminal Defence in Bradford?
If you or a loved one has been remanded in custody until sentencing, getting legal advice as early as possible can make a real difference. At Cooper Hall Solicitors, our experienced criminal law solicitors in Bradford provide clear guidance, strong representation, and practical support throughout your case.
We represent clients at Bradford Magistrates’ Court and Bradford Crown Court, helping with bail applications, remand hearings, sentencing preparation, and appeals where appropriate. Our team works to protect your rights and achieve the best possible outcome.
Contact Cooper Hall Solicitors today to arrange a confidential consultation with an experienced criminal defence solicitor in Bradford.
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