Remand vs Convicted

Until a prisoner is sentenced, in theory they should be treated as innocent until proven guilty.

Most of those in custody on remand have been remanded and are awaiting trial, they have not been convicted of a criminal offence.

Judges Remand is when a prisoner has been convicted and is waiting to be sentenced. A prisoner on judges remand will follow the same regime as a convicted and sentenced prisoner.

Why does the court remand an individual?
The Bail Act 1976 states that unless there arE strong reasons to the contrary an individual will be remanded on bail with appropriate conditions attached.

Reasons for bail being refused:

If the individual has been accused of committing a particularly serious offence.

The individual has previous convictions for similar offences.

There is reason to believe the individual may disappear before their trial.

There is reason to believe that the individual will commit further offences before their trial.

If an individual did not obey the terms of a previous community sentence, then custodial remand rather than bail may be imposed.

Are remand prisoners categorised?
Prisoners on remand waiting for their trial are not normally categorised but generally would be treated as Category B. If the prisoner is assessed as a category A prisoner, they will be held in this way.

The difference between a remand prisoner awaiting trial and a convicted prisoner.
A person held in custody awaiting trial is presumed to be innocent. The regime for remand prisoners awaiting trial are different to those of convicted prisoners. Although these prisoners should be held separately, often a person awaiting trial on remand will share a cell with a convicted prisoner.

Your rights while on remand
• Access to facilities to seek release on bail and to prepare for trial.
• The right to preserve their home and job, for example, to be able to make arrangements in case they should be convicted.
• The right to maintain contact with family and friends.

Differences in the regime

Remand Prisoner Awaiting Trial



Allowed to wear own clothes

Must wear prison clothing, unless specific prison permits own clothes.


Entitled to vote

Not Entitled to vote


Can retain extra private cash

Access to private cash strictly limited


Can undertake reasonable activity to maintain business interests

No provision to maintain any business interests


Can be treated by own doctor and dentist (although this rarely happens in practice)

Treated by prison medical staff

Education and Work

Entitled to a minimum of 90 minutes visiting per week.

Must work and attend education as directed or be penalised via the Incentives and Earned Privileges Scheme


Entitled to a minimum of 90 minutes visiting per week.

Entitled to a minimum of 60 minutes visiting per month.


Retain entitlement to state benefits such as Incapacity Benefit and Retirement Pension, which are payable in arrears unless a defendant receives a custodial sentence.
No entitlement to Income Support or Jobseekers Allowance.

Not entitled to any state benefits, except Housing Benefit.


Retain entitlement to state assistance and help with mortgage interest. Entitled to claim Housing Benefit for up to 52 weeks.

Entitled to claim Housing Benefit where the time in prison (including time spent on remand) is expected to be less than 13 weeks.