Unsentenced prisoners (on remand awaiting trial) have different status and rights compared to sentenced prisoners. Understanding remand procedures and your rights is important.
Legal Framework
Prison Rules 1999 apply with modifications for remand prisoners. Criminal Procedure Rules 2015 govern remand procedures. Presumption of innocence applies. Remand should be for shortest necessary time. Bail considered at court hearings.
Remand Status
Presumed innocent until convicted. Different prison regime sometimes (open communication with outside). Remand prisoners can wear own clothes in some prisons. More visiting hours typically. More phone access. More mail allowed.
Bail Applications
Bail hearing at court following arrest. Prosecution argues for remand; defense argues for bail. Conditions attached to bail (residence, reporting, no contact with witnesses). Bail review available if conditions too strict. Bail can be revoked if conditions breached.
Rights on Remand
Right to legal representation (duty solicitor available at court). Right to communication with solicitor (privileged). Right to contact family. Right to preparation time with legal team. Right to fair bail hearing. Right to appeal bail refusal.
Program Access
Limited program access while awaiting trial (not appropriate for untried prisoners). Work available. Education access. Recreation. Healthcare. Mental health services.
FAQ
How long can I be on remand?
Maximum 112 days from first appearance without trial (with exceptions). Earlier trial date requested by defense. Bail applications reset periods.
Can I get bail?
Yes. Presumption of bail unless prosecution proves remand necessary. Conditions may be strict. Previous convictions, crime seriousness affect decision.
What if bail denied?
Appeal available. Request another bail hearing within days. New evidence considered. Fresh application possible after reasonable interval.
Can I wear my own clothes?
Varies by prison. Some remand prisons allow own clothes. Others use prison uniform. Ask staff on reception.
Can I do programs?
Limited. Most offending behavior programs not appropriate for untried prisoners. Education and work usually available.
Do I get paid work?
Yes. Work available if you choose to work. Wages typically £1-4 per day depending on role.
What happens if I break bail conditions?
Immediate arrest. Bail revoked. Return to remand custody. New bail hearing may not restore bail. Serious consequences.
Does remand time count toward sentence?
Yes. Day-for-day credit usually. If sentenced after remand, remand time deducted from sentence.
Author: Daniel Hockey | Remand and bail specialist, Prison Law Index 2026.
Last Updated: 2026-04-05 | Criminal Procedure Rules 2015, Prison Rules 1999.
