How the early release scheme works
Following a recent report from the Ministry of Justice in 2024, some prisoners will now serve 40% of their sentence in prison rather than 50%. The remainder of their sentence will continue to be served in the community under the supervision of probation. This change will be reviewed after 18 months.
It is important to know that this change will not apply to sentences for:
- Sex offences;
- Serious violent offences with a sentence of 4 years or more;
- Terrorist offences;
- Offences relating to national security; and
- Offences connected to domestic abuse, like stalking and non-fatal strangulation.
Home Detention Curfew
Purpose
The purpose of a Home Detention Curfew (HDC) is for those who meet the eligibility criteria and pass the risk assessment, those prisoners will then be released early under an electronically monitored curfew. This will support their transition from custody to the community.
Requirements
Where HDC is deemed to be suitable following risk assessment of offenders who are serving a standard determinate sentence of imprisonment.
The offender must have served half of their custodial sentence. This can include time spent on remand or on Electronically Monitored curfew (tag) so release can sometimes take place soon after sentencing.
Upon release, offenders must be subject to a tagged curfew – by law, this must be for at least 9 hours a day, however it is generally for 12 hours a day.
Curfew requirement must remain in force until what would have been the conditional or automatic release date at the 40% or halfway point.
Eligibility and Presumed unsuitability
The below sets out, but is not limited to, statutory exclusions to Home Detention Curfew:
- Sex offenders required to register;
- Offenders convicted of violent or sexual offences currently serving an extended sentence or special custodial sentence;
- Offenders serving a sentence for breach of the curfew requirement of a Community Order;
- Offenders who have served less than 14 days since date of sentence; and
- Offenders who have been recalled to prison for failing to comply with HDC curfew conditions within two years of the date of sentence for the current sentence.
Presumed unsuitability
Anyone serving a sentence of imprisonment for any of the following categories of offence:
- Explosives;
- Homicide;
- Possession of an offensive weapon;
- Possession of firearms with intent;
- Cruelty to children;
- Offences aggravated on the grounds of race, religion or sexual orientation;
- Terrorist offences other than those described in section 247A(2) of the Criminal Justice Act 2003;
- Stalking, harassment, coercive control and non-fatal strangulation and suffocation offences;
- Anyone with a history of sexual offending but not required to register;
- Anyone with a history of terrorist or terrorist connected offending but not currently serving a sentence for such an offence;
- Anyone who has been recalled for poor behaviour while on HDC within two years of the date of sentence for current sentence; and
- Category A prisoners.
Address check and risk assessment process
The first step is for the prison to input to the Digital Service the offender’s details, proposed addresses, main occupier contact details, and whether a CAS2 Referral (Community Accommodation Service) is to be considered. Once they receive the Address Checks commission, the COM must complete the risk management. This involves speaking to the main occupier and determining whether they give informed consent to HDC at the address. They will also evaluate if the address is suitable for release on HDC by confirming the requirements listed.
GPS location monitoring may be used to:
- Dictate exclusion zones – areas in which the offender if prohibited from entering;
- Monitor attendance – e.g. attendance monitoring at a required activity; and
- Monitor the offenders movements to support Probation about their lifestyle (Trail monitoring).
Assessment and Decision
The decision maker must authorise release, unless any of the following exceptional grounds to refuse or postpone apply.
HDC must be refused where:
- It is not possible to manage the offender safely on early release at the proposed address; or
- There are less than 10 days remaining to day of release.
HDC decision must be postponed where:
- Specific public protection measures have not yet been put in place;
- The offender is segregated in prison;
- Offender is currently in custody or there is an outstanding application; or
- The offender is subject to a confiscation order.
Setting curfew / address conditions
The decision maker is responsible for authorising the release on license and must set the licence conditions including times and places of curfew. The curfew will normally be to one address.
The decision maker must take into account any recommendations made by Probation.
If granted
Licence variations for adults must be authorised by the relevant Head of Probation Delivery Unit – statutory probation supervision commences on the day of release.
Variations to the licence conditions may not be made verbally and must comply with the conditions until or unless formally altered.
The Probation Service is then responsible for monitoring compliance with supervision. They may recommend recall if any of the non-curfew conditions are breached.
How we can help
The Crime Team at Hunt & Coombs Solicitors can help with all aspects of criminal defence, to find out more or to enquire about our legal services contact us on 01733 882800 or email [email protected].
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