News · Criminal law explainer
Do you get credit for time served in custody?
A person who has spent time on remand wants to know that the time counts. In New South Wales it does. Pre-sentence custody is credited towards any sentence of imprisonment. This note explains how the credit works, what time is included, and why it matters to the release date.
By Aaron Kernaghan · Published 3 September 2026
Yes. Time spent in custody before sentence, such as time on remand for the offence, is credited towards a sentence of imprisonment in NSW. The court usually gives credit by backdating the sentence to the day the person went into custody, so the pre-sentence time counts. Only custody referable to the offence being sentenced is credited, so time served for an unrelated matter does not count twice.
Is time on remand credited?
Yes. If a person is held in custody before being sentenced, and is then sentenced to imprisonment, the time already spent in custody for that matter is credited towards the sentence. The person does not serve that time twice.
This reflects the basic fairness that time already spent locked up, waiting for the matter to be decided, should count towards the eventual sentence.
How is the credit given?
The usual method is backdating. The court sets the sentence and backdates its commencement to the day the person first went into custody for the offence. That way the sentence, and the non-parole period, are calculated as running from that earlier date, and the remand time is built in.
Backdating is provided for in the sentencing legislation. It is the cleanest way to make sure pre-sentence custody is reflected in the release date.
What custody is included?
The credit is for custody referable to the offence being sentenced. Time spent on remand for that matter counts. Time spent in custody for an entirely separate matter, for which the person was already serving a sentence, is not credited towards the new sentence, because it is not referable to it.
Where a person was in custody partly for the current matter and partly for another, the position can be more complicated, and the court works out what time is properly credited.
Why it matters
The credit directly affects the release date. Because the non-parole period runs from the backdated start, a person who has spent significant time on remand may be eligible for release sooner than the head sentence alone would suggest. Getting the calculation right matters a great deal.
It also matters at the bail stage. A person who has already served time on remand that would exceed a likely sentence is in a strong position to seek bail or a non-custodial outcome. Our note on remand explains the earlier stage.
Getting the calculation right
Because the credit affects liberty, it is important that the pre-sentence custody is accurately identified and put before the court, so the sentence is backdated correctly. Errors can occur where a person has been in custody on several matters.
A lawyer will make sure the custody history is before the court and that the sentence reflects it. Our notes on the non-parole period and totality explain how the sentence is structured.
Frequently asked.
Do you get credit for time on remand in NSW?
Yes. Time spent in custody before sentence for the offence is credited towards a sentence of imprisonment. The person does not serve that time twice.
How is time served credited?
Usually by backdating. The court backdates the start of the sentence to the day the person first went into custody for the offence, so the remand time is built into the sentence and the non-parole period.
What custody counts?
Custody referable to the offence being sentenced. Time on remand for that matter counts. Time served for a separate matter already being served is not credited towards the new sentence.
Why does the credit matter?
It affects the release date. Because the non-parole period runs from the backdated start, significant remand time can mean eligibility for release sooner than the head sentence alone would suggest.
Can the calculation go wrong?
It can, especially where a person has been in custody on several matters. It is important the custody history is accurately put before the court so the sentence is backdated correctly.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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