What is custodial remand?
Custodial remand is when the court orders a person to be kept in custody (prison) rather than released on bail while awaiting a court date. Custodial remand can only be used after an individual has been charged with a criminal offence.
Custody Time Limits (CTLs) are the maximum amount of time that individuals can be placed on custodial remand. The length of the CTL will depend on the specific offence:
- Summary only offences in the Magistrates Court – 56 days
- Either-way offences – 56 days but extendable up to 70 days.
- Indictable only offences – 182 days
These CTLs apply to adults who have been placed on custodial remand, as informed by the Crown Prosecution Service.
What are the time limits for children on custodial remand?
CTLs will apply to children who are remanded in custody as well as those who are remanded to local authority accommodation.
The CTLs for children are as follows:
- Summary only offences – 56 days
- Either way offences in the Youth Court or if the court is not determined – 56 days
- Either way offences in the Crown Court – 182 days
- Homicide and certain firearm offences (16–17-year-olds) – 182 days
What is the impact of custodial remand on children?
For children who have come into contact with the criminal justice system, custody in general should only be used in circumstances where there is no other safe or viable alternative.
According to the Children’s Commissioner’s report, even short spells in custody can be profoundly damaging to a child. Children’s Commissioner, Rachel de Souza states that being placed in custody can:
- Cause disruptions to a child’s education.
- Cut children off from their family and community.
- Often deepen the vulnerabilities that brought them into contact with the criminal justice system in the first place.
Being placed in custody, no matter the duration, can leave a lasting impact on a child long after their release. It is therefore essential that custody is avoided unless necessary. Getting legal advice from a specialist youth crime solicitors is essential – we understand the intricacies of the Youth Justice System and will ensure that your child is not unjustly held in custody.
How many children are placed on custodial remand?
Souza’s report states that between 2023-2024, 62% of children who were remanded in custody did not receive a custodial sentence. This equates to 441 children on remand who did not end up receiving a custodial sentence, while another 168 children had their case dismissed altogether.
The use of custodial remand is also not consistent between local authorities, meaning there is a lack of a regulated and standardised procedure. Children placed in custody speak of feeling anxious or uncertain about how long they’ll be held on remand for, with many missing out on important life events.
What recommendations has the Children’s Commissioner made?
Souza has made several recommendations which aim to address how custodial remand is used for children in the UK, addressing also the shortcomings within the Youth Justice System as a whole.
Souza’s recommendations are as follows:
- The commission of an independent review to ensure that secure accommodation for children is properly planned, funded and delivered in a coordinated way, whether this be social care, healthcare or youth justice.
- That this reformed secure accommodation should account for children who are on custodial remand so that they have access to safe and supportive alternatives to custody.
- Regional Care Cooperatives should receive funding to deliver specialist placements for vulnerable children, including those who are on remand.
- An ambitious, nationally funded innovative foster care recruitment plan should be developed to ensure that vulnerable children, including those on remand, have access to safe foster care accommodation.
- The introduction of a statutory review mechanism to reassess custodial remand, with regular checkpoints requiring courts and local authorities to regularly review whether the child can be placed in suitable accommodation.
- An investment in targeted training for all professionals involved in court decision-making on remand.
- A review should be conducted on children who have been remanded to placements with their parents/others with parental responsibility to assess why Bail Intensive Supervision and Surveillance (ISS) was not a viable option.
- An independent sentencing review must be conducted on the youth justice system. The youth sentencing framework must be amended to prohibit custodial sentences for children that are less than 12 months, and strong sentencing guidelines and safeguards must be established to prevent up-tariffing (when more serious penalties are applied for minor offences).
What does this mean for children accused of criminal offences?
We will need to see which of these recommendations are enacted by the relevant bodies. If carried out to the desired standard, these recommendations will hopefully reduce the number of children who are placed on custodial remand and will provide safe and suitable alternatives, such as foster care or adequate ISS placements.
Souza’s report has drawn attention to the significant disparities within the Youth Justice System and has made clear that many children are being traumatised by unnecessary custodial remand placements.
How can Lawtons help your child?
We understand the distress that comes with having your child charged with a criminal offence. The unregulated use of custodial remand only adds to this distress for both you and your child.
These concerns can be alleviated by ensuring that you instruct a firm that can provide you with specialist help. Lawtons Solicitors house a team of experts who specialise in youth crime, with experience in protecting children who are involved with the criminal justice system. We have the skills to deal with the unique demands of the youth justice system and will always ensure to protect your child as best as we can.
If your child has been arrested or charged with a criminal offence, it’s important to act immediately. Please don’t hesitate – contact a member of our team today.
