News · Criminal law explainer
What is remand and how long can you be held in NSW?
When bail is refused, a person is held on remand, which means in custody but not yet sentenced. It is one of the hardest parts of the system, because the person has not been found guilty. This note explains what remand is, how long a person can be held, how that time counts, and what can be done to seek release.
By Aaron Kernaghan · Published 3 September 2026
Remand is being held in custody before your matter is finalised, usually because bail has been refused. There is no fixed maximum: a person can be on remand until their matter is decided, which for a serious matter can be many months or more than a year. Time spent on remand is credited towards any sentence later imposed, and you can keep seeking bail while on remand.
What is remand?
Remand is custody before a matter is finalised. A person on remand has been charged, and either bail has been refused or they have not been able to meet their bail conditions, so they are held in a correctional centre while the matter proceeds. They have not been convicted or sentenced.
Remand prisoners are held separately in principle from sentenced prisoners, reflecting that they are awaiting the outcome of their matter and are presumed innocent.
How long can you be held on remand?
There is no fixed maximum. A person can be on remand until their matter is finalised. For a summary matter that may be a relatively short time; for a serious indictable matter that goes to trial, it can be many months, and sometimes more than a year, given the time these matters take.
The length of remand is one reason delay matters. A long period on remand awaiting trial can itself become a reason to revisit bail.
Does remand time count towards a sentence?
Yes. If a person is convicted and sentenced to imprisonment, the time already spent on remand for that matter is credited towards the sentence, usually by backdating the sentence to when the person went into custody. So remand time is not lost; it counts as time served.
This is important to a sentence calculation. Our note on credit for time served explains how backdating works.
Can you seek release while on remand?
Yes. Being on remand does not end the bail question. You can make a further bail application where there is a ground, such as a change in circumstances or new information, and you can apply to the Supreme Court. Long delay can support a fresh application.
So remand is not necessarily permanent until trial. Our note on applying for bail again explains when a further application is possible.
What should families do?
For a family, having someone on remand is distressing, and the priority is usually to prepare the best possible bail application. That means finding a suitable residence, sureties, and any treatment or support that addresses the risk the court is concerned about.
Get advice early. A well-prepared bail application, addressing the unacceptable risk test, is the way to seek release, and preparing the underlying matter can also move it towards resolution.
Frequently asked.
What does remand mean?
Being held in custody before a matter is finalised, usually because bail has been refused or the person cannot meet their bail conditions. A person on remand has been charged but not convicted or sentenced.
How long can you be held on remand in NSW?
There is no fixed maximum. A person can be on remand until their matter is finalised, which for a serious matter that goes to trial can be many months or more than a year.
Does time on remand count towards a sentence?
Yes. If a person is convicted and imprisoned, the time already spent on remand for that matter is credited, usually by backdating the sentence to when they went into custody.
Can I get bail while on remand?
Yes. You can make a further bail application where there is a ground, such as a change in circumstances or new information, and you can apply to the Supreme Court. Long delay can support a fresh application.
Are remand prisoners kept with sentenced prisoners?
In principle remand prisoners are held separately, reflecting that they are awaiting the outcome of their matter and are presumed innocent.
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.
Related across the firm