Transcript
You might hear someone say that they’re ‘on remand’ or ‘serving a sentence’. What’s the difference?
Being on remand means that you’re being held in custody while waiting for your trial or your sentencing. You haven’t been found guilty yet — you’re just being held because bail was refused or has been revoked. Serving a sentence, on the other hand, means that the court has found you guilty and given you a punishment. Time spent on remand often counts towards your final sentence, but it’s not the same thing. It’s important to understand this difference because people on remand are still legally innocent until proven guilty.
This is general information only. If you or someone you know is on remand, speak to your lawyer about how it affects your case.
Remand Vs Sentence in Victoria Explained
This video explains the difference between a remand and a prison sentence in Victoria. People often search “what does remand mean”, “is remand the same as jail”, “does remand count as time served in Victoria”, and “can you get parole on remand”. The label matters because it changes your legal status, your options, and how the court treats time in custody. Once you understand what remand means and when a sentence begins, you can make better decisions for the case and the person inside.
The Legal Difference Between Remand and Sentence
Courts in Victoria use custody in two very different ways. Remand holds a person while the case continues. A sentence punishes a person after the court finds guilt. The difference matters because the law treats a person on remand as unconvicted. It treats a sentenced prisoner as an offender serving punishment.
When and Why a Person Is Placed on Remand
Bail Refusal and the Bail Act 1977 (Vic)
In Victoria, a person is typically remanded in custody if a bail decision-maker refuses their bail application or if bail is revoked under the Bail Act 1977 (Vic), and the law provides for that person to be held in custody until they are brought before a court. The court makes that decision to manage risk. For example, the court may worry about non-attendance, interference with witnesses, or further offending. However, remand does not decide guilt. The person remains legally innocent, and Victorian law protects that position. The Charter of Human Rights and Responsibilities Act 2006 (Vic) under section 25(1) states that a person charged with a criminal offence has the right to be presumed innocent until proved guilty.
Application of the Sentencing Act 1991 (Vic)
A sentence begins only after the court records a conviction or finds guilt. At that point, the court applies sentencing law. In Victoria, the court uses the Sentencing Act 1991 (Vic) to impose penalties such as imprisonment, a community correction order, fines, or other orders. The court may also set a non-parole period for prison sentences in many cases under section 11.
Practical Differences in Custody Status
This legal status changes what the person faces day to day. On remand, the person often has no fixed release date. They wait for a hearing, a trial, or a plea and sentence. As a result, uncertainty becomes the biggest practical issue. By contrast, a sentenced prisoner usually knows the length of the head sentence and any non-parole period. That information shapes parole planning, programs, and release preparation.
Does Time on Remand Count as Time Served?
People also ask whether time on remand “counts”. Victorian courts often credit time in custody before sentence. The Sentencing Act requires the court to declare certain pre-sentence custody as time already served in prison or detention when it imposes a sentence. That declaration usually prevents a person from serving the same days twice. However, the credit does not turn remand into a sentence. The person remained unconvicted during that time, and the court detained them for risk reasons, not punishment.
Time Served Sentences and Remand Credit
In some cases, remand time can shape the outcome in a very direct way. Courts sometimes impose a “time served” sentence where the person has already spent an amount of time on remand equal to the prison term the court sets. Even then, the court still treats the remand period as pre-sentence custody. The court simply uses it when it structures the final sentence.
Common Misunderstandings About Remand
People often make avoidable mistakes around these labels. Some families assume “remand” means the court thinks the person is guilty. That assumption causes panic and poor decisions. Others assume remand will automatically shorten any sentence. That assumption also causes problems, because the court looks at the whole case and applies the sentencing rules carefully. Finally, some people delay legal action because they think remand leaves no options. In reality, a lawyer may still pursue bail again in the right circumstances, or press for faster listing and case progression.
What to Do If Someone Is on Remand
If someone is on remand, act early and act with purpose. Ask a lawyer to explain the person’s bail position, the next court dates, and the realistic timeline. Also, ask how pre-sentence custody may affect sentencing structure, including any declaration of time served. Early, clear advice can reduce uncertainty and protect the person’s position in the case.
