Home > The Justice Process > Court: Recall on Licence

Court: Recall on Licence

By: Lorna Elliott LLB (hons), Barrister - Updated: 27 Nov 2020 |
 
Recall Licence Offender Prison Manager

After serving a prison sentence a lot of prisoners are released on licence. There are a standard set of terms that apply to all prisoners released on licence, but more stringent conditions can be set by the sentencing court, the prison, and other authorities.

If a prisoner is released on parole or licence, they will be subject to supervision by their outside probation officer (called an offender manager.) At the point of release, an offender will be given a set of terms and conditions of their licence that they are advised to check before they are released. If an offender fails to comply with the terms of their licence they run the risk of being recalled to prison.

Why do People get Recalled?

Contrary to popular belief, it is not necessary to commit a further offence to be recalled to prison. Although being arrested for a further offence may be a reason to recall a prisoner on licence, this does not automatically mean that an offender will be recalled. Another reason that is often used to recall an offender on licence is if the offender’s ‘behaviour’ makes the offender manager believe that another crime is about to be committed. This is very widely interpreted, and may constitute e.g. drinking heavily or taking drugs, behaving strangely or erratically, amongst other things.

Another common reason for being recalled to prison is for breaching a licence condition. This again is widely defined and can range from failing to attend a probation appointment, being late back for a curfew, to going into an area where you are prohibited from entering by virtue of the conditions of your licence.

How Does Recall Work?

The Public Protection Casework Section (PPCS) of the National Offender Management Service makes the decision to recall offenders. The PPCS is given power to do so by the Secretary of State for Justice. When an offender is recalled, the local police are notified and the offender is arrested and taken into custody (police station.)

What Happens Next?

Offenders who have been recalled to prison will receive written reasons as to why they have been recalled. This is in the form of a ‘recall pack’. If the offender disagrees with the reasons for the recall it is possible to make representations against the recall. It is usually possible to get a lawyer to help with this process. Offenders who are not considered to pose a high risk of serious harm to the public will be released after 28 days (presuming they have not been sentenced to further terms of imprisonment in the meantime). At the 28 day review stage, the Parole Board can either decide to release the prisoner immediately, release them at a future date, order an oral hearing, or make no recommendation as to release at all. Other offenders will not be released but the Secretary of State is under a duty to review the detention of recalled prisoners on a regular basis (usually every six months.)

If an Offender is Not Released After 28 Days

In these circumstances, it is possible to ask the Parole Board for an oral hearing at which you can call witnesses and challenge the lawfulness of the recall. The Parole Board does not have to grant you an oral hearing, but may do so if in all the circumstances it is fair to hear oral evidence.

In certain circumstances, the decision to recall may be liable to judicial review. It is always wise to seek the specialist advice of a lawyer before embarking on this course of action.

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My partner recalled in august after being badly assaulted and treated at hospital then sent straight to prison!! Again had to go to have a brain scan. He’s still in custody. The others have never even been arrested!! Disgusting???? complaints are in motion for harassment coz it’s not the first time!!
Donna - 27-Nov-20 @ 1:38 AM
I have been recalled to prison with no charges my probation have recommended my release I’ve done my 28days and still here I’ve read all reports and all looks good so why no news
Andy - 17-Nov-20 @ 12:19 PM
If my boyfriend is on post sentence license with probation and gets arrested for driving an unroadworthy car and also drug tested and failed the roadside drug test. Will this make him be remanded into prison?
Dld - 16-Nov-20 @ 4:25 PM
Can i get recalled if I’m driving without a licence ?
Davidson - 16-Nov-20 @ 9:23 AM
The whole system is corrupt as probation can continually impose restrictions on someone on licence so that inevitably they get recalled for the slightestbreach...probation officers are just the police and judgesrolled into one
Likan - 14-Nov-20 @ 4:18 PM
If someone is on licence for drugs offences, will he get recalled for being violent towards a partner? Also the partner has not made no statement
Jadey1 - 20-Oct-20 @ 6:52 PM
Can someone be recalled and not be told why he has been recalled?
LeeMass - 20-Oct-20 @ 5:40 AM
Im ipp and record all my calls due to my mental health..i had now been told that i have to attend rather than phone call on tursday as was unaware off me recording but i have told previous probation worker about my recording telephones calls.... she has now told me i have breach my conditions... can she recall me? Just for a couple off calls?
Nick - 16-Oct-20 @ 11:32 PM
I breached my tag when I was in the hospital with a accidental overdose on cocaine I rang every person possible I could ring to let them know where I stayed the night but I can't for the life of me get in touch with my probation worker
Kyle Selby - 15-Sep-20 @ 10:28 PM
You need to start recording the telephone calls that's what am doing at moment the system is bent so you need evidence yourself let them know that you are recording it so your not breaking any laws you can get it app to record do it
Joey - 19-Aug-20 @ 6:32 PM
I was released on HDC this year March 26. My index offence was for supplying class A. I was arrested on May 14 for being under the concern of supplying class A and class B. I was released under investigation and was further arrested on July 7. I was charged and sent back to prison as a recalled prisoner. On August 10 the courts dismissed my case as the evidence police provided was not in relation to me. I was released from prison the same day. I attended probation the next day and completed my induction and left with a further appointment the next week. In the period of July 7 to August 10 I received no paperwork relating to recall at all, my legal team persistently tried to contact my probation officer in relation to my recall pack via calls and emails but got no reply or updates. I have never even spoke to my probation officer and the reason why I mention this is because on August 12 I received a text from my probation officer saying me to hand myself back to police station to go back to prison as I got standard recalled. I have seemed legal advise but I keep hearing it’s a very strangecase because the case was dismissed and I was released. Any help anyone please?
Miah - 15-Aug-20 @ 4:31 AM
I was released on HDC this year March 26. My index offence was for supplying class A. I was arrested on May 14 for being under the concern of supplying class A and class B. I was released under investigation and was further arrested on July 7. I was charged and sent back to prison as a recalled prisoner. On August 10 the courts dismissed my case as the evidence police provided was not in relation to me. I was released from prison the same day. I attended probation the next day and completed my induction and left with a further appointment the next week. In the period of July 7 to August 10 I received no paperwork relating to recall at all, my legal team persistently tried to contact my probation officer in relation to my recall pack via calls and emails but got no reply or updates. I have never even spoke to my probation officer and the reason why I mention this is because on August 12 I received a text from my probation officer saying me to hand myself back to police station to go back to prison as I got standard recalled. I have seemed legal advise but I keep hearing it’s a very strangecase because the case was dismissed and I was released. Any help anyone please?
Miah - 15-Aug-20 @ 4:31 AM
I was released on HDC this year March 26. My index offence was for supplying class A. I was arrested on May 14 for being under the concern of supplying class A and class B. I was released under investigation and was further arrested on July 7. I was charged and sent back to prison as a recalled prisoner. On August 10 the courts dismissed my case as the evidence police provided was not in relation to me. I was released from prison the same day. I attended probation the next day and completed my induction and left with a further appointment the next week. In the period of July 7 to August 10 I received no paperwork relating to recall at all, my legal team persistently tried to contact my probation officer in relation to my recall pack via calls and emails but got no reply or updates. I have never even spoke to my probation officer and the reason why I mention this is because on August 12 I received a text from my probation officer saying me to hand myself back to police station to go back to prison as I got standard recalled. I have seemed legal advise but I keep hearing it’s a very strangecase because the case was dismissed and I was released. Any help anyone please?
Miah - 14-Aug-20 @ 9:48 PM
My husband is on post sentence supervision whilst on probation has had electronic tag for 28days for criminal damage.Been recalled to prison for 14 days for no contact with his probation and found guilty for drink driving with a blood reading of 226. This happened while on probation but has a court date for when his probation is over. Will being arressted while on probation still affect what happens in the court. His PO has said it will not. But others seem to think it will as the crime was commited while he was on a pss order. Thats 3 breaches on probation but the last one looks like its being treated as a seperate offence. Any advice please
Betty1 - 4-Jul-20 @ 5:57 PM
I want to know, why my now ex partner, came out of prison on license 24th Nov 2019, on license, lied to the probation about being in a 10 year relationship, engagedto me , started to mentally abuse me again, an incident occurred on 13th Feb this year 2020, the police were in involved, he was recalled for breach...I was told he was going to have to do the rest of his sentence , another 4 year, but the police have dropped the case against him ,what he did to me, not enough evidence, now he has a hearing tomorrow, I want to know ,why he may be released, after what has been done to me & for being a blatant liar to his probation officer, it's a disgrace, has he is a violent offender
Vee - 1-Jun-20 @ 9:51 AM
Hi my partner has been out for 8 years he is on a ipp for manslaughter he didn’t tell his probation officer he was in a relationship before me s as and has a very bad gambling habit I asked his probation officer for help for him as he wouldn’t seek any help it was at the point were he had nothing not a penny to his name his flat was a shell and owed money left right n center.. but now his probation officer has found out about his past relationship n the fact he had a 24k lobe with her plus his other depts N he owes his ex mother in-law 32k ..in total he owes about 90k with all other billswill he be recalled he had a meeting on Friday the 15 th but he won’t talk to me because I asked for help for him and says iv now messes his life up
Keza - 17-May-20 @ 3:22 AM
Hi, my boyfriend was originally arrested in 2016 (05/09/2016) he was sentenced a month later (November) but follow me now.. just remember he got cuffs put on him on the 5th but charged a month later, he then got charged for attempted robbery on a post office (his names “Kane wannell”) there is a video on YouTube off him, it is pathetic and he regrets it as it was a mental health related incident (no drugs or alcohol) or any related problems ever, but he got extra days added on for being an idiot and hanging around with the wrong crowd, but he got released on liscence from prison on (16/01/2019) and is still out now.. but he has been told by his probation that he’s being recalled and she won’t tell him the reason and he won’t find out until he’s back inside.. he has NOT committed any further criminal offences since he has been out.. he has had next to no help with his mental health or accommodation since he has been out, he was told by his offender manager that “it is not in probations interest to have him homeless” he had nowhere to go except.. his farthers, his mum died when he was a kid and he has no family except his dad, but.. he was told he was not aloud to live there due to past events with living with him ( he got taken away from his dad when he was 15 due to drug users and all the other problems that come with them when they was living in his familyhome since he was 12.. and when he got out he lived then and then probation told him he couldn’t but then that’s when they realised he had no alternative and his probation come to his dad address because she had to check it out and make sure it was suitable for it to be approved, but even like 8 months later he was living there.. even though it wasn’t approved and he ended up caring for his dad as he’s disabled (68yrs old and full of rhomatoid arthritis, also an above knee amputation) so basically bed bound.. so kane was his “non official” carer, and he absolutely does EVERYTHING for his dad, he was going through a bad time due to mental health issues (bipolar 2) manias and mixed manias have a massive effect of his life and the things he says and does sometimes, he is the kindest person and most selfless person you could meet.. and I’m speaking from an out siders point of view not my own.. but he had a bad episode on Thursday just gone (01/05/2020) he told his probation officer that his head was that bad that he had visioned him hurting his farther if he didn’t get out of that premises (his OM is well aware of his extreme frequent thoughts..) he was told he’s better speaking openly to his offender manager to get the mental health treatment he needs, so.. he told her everything since day 1 of release and has had many ups and downs in between (but again, no additional criminal activity of any kind) and she had known him for most of his liscence as he did have a diffrent manager at first,but I feel as though all this law abiding ness that he has kept up since release last year had been in vein
Em - 8-May-20 @ 11:32 AM
Hi, my boyfriend was originally arrested in 2016 (05/09/2016) he was sentenced a month later (November) but follow me now.. just remember he got cuffs put on him on the 5th but charged a month later, he then got charged for attempted robbery on a post office (his names “Kane wannell”) there is a video on YouTube off him, it is pathetic and he regrets it as it was a mental health related incident (no drugs or alcohol) or any related problems ever, but he got extra days added on for being an idiot and hanging around with the wrong crowd, but he got released on liscence from prison on (16/01/2019) and is still out now.. but he has been told by his probation that he’s being recalled and she won’t tell him the reason and he won’t find out until he’s back inside.. he has NOT committed any further criminal offences since he has been out.. he has had next to no help with his mental health or accommodation since he has been out, he was told by his offender manager that “it is not in probations interest to have him homeless” he had nowhere to go except.. his farthers, his mum died when he was a kid and he has no family except his dad, but.. he was told he was not aloud to live there due to past events with living with him ( he got taken away from his dad when he was 15 due to drug users and all the other problems that come with them when they was living in his familyhome since he was 12.. and when he got out he lived then and then probation told him he couldn’t but then that’s when they realised he had no alternative and his probation come to his dad address because she had to check it out and make sure it was suitable for it to be approved, but even like 8 months later he was living there.. even though it wasn’t approved and he ended up caring for his dad as he’s disabled (68yrs old and full of rhomatoid arthritis, also an above knee amputation) so basically bed bound.. so kane was his “non official” carer, and he absolutely does EVERYTHING for his dad, he was going through a bad time due to mental health issues (bipolar 2) manias and mixed manias have a massive effect of his life and the things he says and does sometimes, he is the kindest person and most selfless person you could meet.. and I’m speaking from an out siders point of view not my own.. but he had a bad episode on Thursday just gone (01/05/2020) he told his probation officer that his head was that bad that he had visioned him hurting his farther if he didn’t get out of that premises (his OM is well aware of his extreme frequent thoughts..) he was told he’s better speaking openly to his offender manager to get the mental health treatment he needs, so.. he told her everything since day 1 of release and has had many ups and downs in between (but again, no additional criminal activity of any kind) and she had known him for most of his liscence as he did have a diffrent manager at first,but I feel as though all this law abiding ness that he has kept up since release last year had been in vein
Em - 8-May-20 @ 11:25 AM
Hi my partner has been recalled due to not residing at an approved premises he initially was arrested on suspicion of GBH however this has been dropped he was arrested and put into prison on the 9th of December and it’s now March 27, 2020 do you does anyone know how long he can be held for his actual license ends in 2022 however his probation officer Said that she was only putting forward for him to do six months maximum and then to be re-licensed I don’t understand why that is why do they do this it affects me just as much as him I feel like I’m doing time to they said they’re going to get the paperwork in May however his solicitor is saying that it’s just paperwork not a hearing so I’ve pushed it for an all hearing Do you think you’ll get out as his offender manager in the Prison says they think he should be home or in a in an approved premises someone help thank you
Kezzer - 23-Mar-20 @ 9:28 PM
my son has been recalled to prison he was released on license in October 2019 .after a sort recall in regards to him beening sentences in November 2016 after coming out 2019 his license was he had to reside at his girl friends home .but his girlfriend kicked him out Christmas Eve he contacted his probation officer via telephone message he left stating whathadhappened .on people returning to work between 27/12 2019 and 31/12/2019unbe knowing to him.It was halfway in toJanuary 2020 he was wanted on a prison recallhe did not commit any offences whilst he was wanted or befor he was wanted .he had been served with his recall pack21/02/2020via solistor and he has to complete his recallwhich was 2022 and on papers on recall pack it was 2023 how is this possible
Martina doran - 17-Mar-20 @ 5:33 PM
I served a sentence of five years for an offence allegedly committed in 1985, when I was aged 16 years. I was released with 10 additional licence conditions, which I feel are heavily disproportionate given the length of time. Vis-a-vis licence conditions and type of sentence served, because my alleged offence dates to before April 2005, and because I was sentenced under ancient legislation, how does this impact on additional licence conditions, recall, etc.? I'm currently challenging the lawfulness of said conditions as I believe they violate Article 8. I can find no legislation to support the NPS's current position that additional licence conditions are lawful. Thank you.
Boo! - 26-Feb-20 @ 7:49 PM
My partner told the police I hit her out of spite I was chatting to girls she then drop the charges the police still wanna question me I spoke to the officer he said it’s gonna get dropped anyway but I’m on license even doe it gets dropped I’ll still be recalled will I get full recal or fixed obviously coz I ain’t been going probation I’m on the run
Jordan - 23-Feb-20 @ 6:08 PM
My son got put in prison for 6 weeks but in between his release date he has to go court for criminal damage what will happen
Karen - 20-Feb-20 @ 11:11 AM
Hi my partner was released from prison on Monday and was arrested on Tuesday as he’s ex partner made a charge against him saying he was stalking her , he went to the police station after her recived a threatening phone call to report her but ended up being arrested as she had already called to make the alligation.He was dropped of this charge but was charged with some other offensive that was before he went to prison. He went to prison for breaking he’s bail.So he’s got to be seen before a judge today I was wondering does this mean he’s broken he’s licence as he’s been re arrested or because it was before he’s licence will it not count ?
Lizzi - 9-Jan-20 @ 6:59 AM
I'm on license for abh but I might get charged for a theft charge will I get sent to prison or be recalled
Raj - 8-Jan-20 @ 8:14 PM
Can somebody be recalled because of excessive speed ticket which leads tootring offens
Ali - 29-Dec-19 @ 8:41 PM
My partner was on recall til next May,he was arrested for carrying a knife how long will he be sentenced for.
Maggie - 7-Dec-19 @ 7:48 PM
Hi boyfriend has been recalled for no reason what will happen now
Blewog - 3-Dec-19 @ 8:11 PM
Hello my partner has been recalled for breaching his license it has gone to parole and they have now decided not to release him after 28days because they want an oral hearing with him, hes on standard recall how long does parole board having to do an oral hearing? He also has court on the 16th of this month can the court override parole and release him if they think he is fit enough to be released in society.
Liljods - 3-Dec-19 @ 5:48 PM
Hello I got with my partner just as he was wanted and I lost my grandson and my partner was like a grandad to him and we got a call to say my 4 month old grandson has passed away and we when to the house to find he was already dead and my partner tried CPR and no luck and he was scared to go back to jail as he was worried about me as I tried to take my life after that so he was on the run for a year then he got caught and had a year left on his licence but only made to go 28 day but they kept him on remanded for other crimes and due in court in December do you thi k he will get bail or tag as I have 3 boy with mental health and he been our rock he tried to turn his life around since he meet me but his past has come back to bite him in the arse and now he paying the price he a good bloke and not done crime since been with me but because he was running for a year I dont feel he get bail or tag but he had his reason to run
Louilou - 20-Nov-19 @ 9:06 PM
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