Time served is the time spent in prison before or during a trial, and credit can be given for this time. Some judges may only sentence a guilty party to the time served, and in some cases, the credit can be used to reduce the time in custody. Regional credit laws vary, and judges have different levels of discretion in sentencing.
Time served is the amount of time someone spends in prison awaiting trial, during trial or awaiting sentencing. People detained under these circumstances are said to be remanded in custody. In some cases, once someone is determined to be guilty, a judge can offer credit for how much time he or she spent in prison prior to sentencing. Such credits are commonly offered in crime cases or in cases where the convicted person performed well while in remand.
In some situations, a judge will only sentence a guilty party to the sentence served. In areas with sentencing guidelines, it is sometimes possible for the guideline to match the amount of time the person has spent in remand. In these situations, the convict goes free after the sentencing hearing. In other cases, the credit for the time spent in pre-trial detention is used to reduce the time in custody. For example, someone could be sentenced to two years in prison on a six-month credit for time they have already served, which would result in an 18-month prison stay.
Regional credit laws for this period vary. Some countries allow time spent in pre-trial detention to be counted differently from time spent in prison. People can get double credit for this time, for example, with three months in jail awaiting trial considered equivalent to six months of sentence served. Granting a credit may not always be an option, depending on the nature of the crime and regional laws.
People held on remand may spend a lot of time in jail as their cases are tried and heard in court, and they may spend more time waiting for a sentence if convicted. The legal system recognizes this as a hardship for the prisoner. The credit for this time provides a mechanism to compensate people for the time they have already spent in prison. If the credit does not cancel the sentence, the convict will be transferred to a prison facility to serve the remainder of their sentence.
The amount of leeway a judge has in sentencing varies, and in some places, very strict sentencing guidelines limit the judge’s options. Once a jury has arrived at a verdict, the judge must follow the standards set by law. In other regions, judges are allowed greater discretion. This is designed to promote fairness in the legal system by allowing judges to consider the circumstances of a case before passing sentence. Enabling judges to recognize time served is one mechanism for ensuring flexibility in sentencing.
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