Virtual remand hearing pilot announced — what defendants should know

Published 13 October 2026 | Peter Bonner & Co | Reviewed and approved for publication by Christopher Carter, solicitor

On 12 October 2026, the Ministry of Justice announced a £17.4 million pilot of virtual remand hearings in at least four police force areas. Under the proposed arrangements, defendants would attend their first court hearing by secure video link from a police custody suite, reducing the need for transport between custody locations and court.

For someone charged and kept in custody, this is a significant development. A first hearing can determine whether they are released on bail or remain detained. The practical arrangements must allow them to understand what is happening and obtain effective legal advice.

What has been announced

The pilot forms part of the Government’s response to Lord Leveson’s Independent Review of the Criminal Courts, published on 12 October. The response accepts a recommendation to test partially remote first hearings for defendants appearing in custody in the magistrates’ court. It commits to assessing the effects on the agencies involved; further expansion is subject to future funding decisions.

This is an announced pilot, rather than confirmation that every first hearing will now take place remotely. It does not, by itself, change the legal tests governing bail or require every defendant to appear by video.

Why the first hearing matters

After charge, the police may release a person on bail or keep them in custody pending their first hearing. The case normally begins in the magistrates’ court, even if a later trial will be in the Crown Court; children usually appear in the Youth Court.

At court, a bail decision concerns release from custody, potentially with conditions. Preparing for that decision can require information about accommodation, employment, family responsibilities and any support available. A video connection is the means of attending the hearing; it cannot replace preparation of the bail application.

The safeguards still apply

The current judicial guidance requires the court to consider the interests of justice in the individual case. Relevant factors include effective participation, communication with legal representatives, reliable facilities and open justice. Administrative convenience alone is insufficient, and the parties can make representations about the arrangements.

Children and vulnerable defendants require particular care. The guidance ordinarily expects a child and their advocate to attend in person. Remote attendance requires an individual assessment and suitable support, subject to the exceptions set out in the guidance.

Practical points for defendants and families

If a first hearing is expected to take place from a police station, discuss these questions with the solicitor early:

  • Is there enough time and a suitable private arrangement to give instructions before the hearing?

  • Can the defendant follow the proceedings and communicate with the solicitor if something needs correcting?

  • Have health, medication, disability, language or other participation needs been identified?

  • Does the legal team have the information needed to put forward a realistic bail proposal?

If sound, video or understanding fails during the hearing, raise the problem immediately so the solicitor and court can consider what is needed. Families can help by providing accurate practical information through the agreed contact arrangements, while respecting the defendant’s confidentiality.

The Government’s aim is to reduce avoidable delay. Our practical view is that the pilot’s value should also be judged by whether defendants can participate effectively and receive proper advice at a hearing that may affect their liberty.

For advice following arrest or charge, contact Peter Bonner & Co on 020 8297 1727.

General information for England and Wales as at 13 October 2026. This article is not legal advice. Hearing arrangements, bail decisions and appropriate representations depend on the individual case.

Sources

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