Home > The Justice Process > Court: Recall on Licence

Court: Recall on Licence

By: Lorna Elliott LLB (hons), Barrister - Updated: 5 Aug 2017 |
 
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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Hi my partner was released on license last dec hd just done 19month out 36month sentence he missed probation & h was recalled for 28days & got back out in feb he hasnt had much contact with probation since feb & tryed to do everything he could to get life back on track but ended up staying on streets where he ended up slipping back down but probation wasnt really committed to helping him get life up back on right track so basically handed himself back in & was sent back to prison Will be be released again after another 28days recall or have to serve remainder of sentence ?? Will he have to go back to court or what will happen & How many chances at a recall do you get it must be a fixed term recall as h already had 1 please try give me some info thanks x
Kelsey crook - 5-Aug-17 @ 4:16 PM
lease help my son got sentenced to six years in prison for robbery and was released in may 2016 his been doing greet engaging with probation and keeping out of trouble then last weekend he got in to a drunken argument with his girlfriend and kicked her car the police turned up and he went to the police station the next day and he admitted it straight way and was kept over night and taken to court and he was fined 80 pound and was told he was getting recalled for the rest of his sentence which was 22 months left and taken to the cells but after ten minutes the judge bought him back to the dock and released him we was very shocked and he phoned his solicitor and said his never heard of this be for I just don't no what's going to happen now please can any one help me
sam - 5-Jul-17 @ 6:38 PM
My husband was out on licence.He was home for nearly 2 years after serving 11 years inside and had 10 yr licence He was arrested and remanded in prison last week.If the court finds him guilty will he get a sentence and will they add this onto the years left on licence??Confused and upset
Too much - 2-Jul-17 @ 11:09 PM
alf - Your Question:
I am on a final warning , today I was seen in my exclushion zone by some one from my hostle , they said they are going to inform probation , will I be recalled and how long for ? 28 days or full recall ??

Our Response:
We cannot predict whether you will be recalled or if so, what the terms of recall will be.
CourtroomAdvice - 30-Jun-17 @ 4:10 PM
Hi my partner is in life licence he was arrested & charged with conspiracy he pleaded guilty to all charges in the police station , obviously he was recalled to prison . The court case took a year to come around & everyone on remand received their year back off their sentence but my partner didn't , is he entitled to it back , can he appeal ? TIA
Majic100 - 29-Jun-17 @ 9:44 PM
i am on a final warning , today i was seen in my exclushion zone by some one from my hostle , they said they are going to inform probation , will i be recalled and how long for ? 28 days or full recall ??
alf - 25-Jun-17 @ 10:27 PM
Hi my partner is on a suspended sentence for affray. His probation was due end September this year. Unfortunately he was arrested yesterday due to having an argument with a neighbour while holding a chain in his hand. There is CCTV to prove he swung the chain at the man in question. Police have charred him with having an offensive weapon and affray. He is due at crown court on July 4th. Can any1 give me any advice on what will happen to him. Will it be prison this time ? Thanks
Rach - 21-Jun-17 @ 9:24 AM
Hi, my son was charged with a serious offense. He was remanded and recalled for a previous offense because he was charged with possession of a firearm. The CPS decided not to bring any evidence (it was the person who he was walking with who had the firearms and pleaded guilty. He went to court, the charges were not brought but he was taken back to prison and the prison have told him that he has to finish his license (august- 5 moths in total). I have spoken with his probation officer who is happy for the recall to be rescinded. But says the prison parole board need to request the review and a 'Part C' from him. Is there anything I can do to set this in motion or is my son stuck in prison on license for months even though he didn't commit an offence and as such has no real reason to be on recall?- Thanks
concerned - 12-Jun-17 @ 3:32 PM
My partner has been recalled for missing appointment he's LRO. Long will he do
Jojo. - 27-May-17 @ 9:59 PM
Friends of mine are going abroad next week. I've been invited but my license doesn't run out until November. What is the likelihood of it being found out if I went? And if I was found to have gone abroad would I serve the full time up until November?
Realist - 27-May-17 @ 9:27 PM
Can you be recalled to prison for one failed cannibis test in a probation / bail hostel?
Interested - 22-May-17 @ 7:08 PM
Lauren- Your Question:
My boyfriend got recalled to prison for staying at a different address he has 5 months left on his license and he's been in prison now for 27 days what do you think the outcome will be

Our Response:
I'm afraid this is impossible to predict. His solicitor/legal advisor would have a better indication of what he may expect after recall.
CourtroomAdvice - 16-May-17 @ 11:27 AM
My boyfriend got recalled to prison for staying at a different address he has 5 months left on his license and he's been in prison now for 27 days what do you think the outcome will be
Lauren - 15-May-17 @ 1:55 PM
Hi my son has been out of prison for 8 months now on licence which is due to end in December but the police reckon he will get recalled for arguing with his girlfriend as she says he violent is this true can he get recalled
Lisawall40 - 2-May-17 @ 6:11 PM
D - Your Question:
Hi, my husband is on an suspended 9 month prison sentence and was put on license for 18 months less than a year ago. He was also ordered to do a 30 day alcohol rehab programme, what does this actually mean? My husband has an addiction to alcohol no matter how much he tries to sugar coat it! He was arrested from my home 3 weeks ago for reasons I won't go in to. For the past 8 months we haven't lived together but I have still been supporting him, this being unknown to his Probation Officer. I have been seen as the bad one with many different reasons. I'd like to know if I can contact the Probation Officer and express my concerns for my husband as he really needs help and the help and the courses and meetings he's attended have made him worse. I also have concerns for my stepdaughter too who is only young. I appreciate any advice anyone can give please. Hope you all manage to find the answers you're looking for too ?

Our Response:
This is a tricky question to answer as what your husband has been offered is the standard 30 day programme. Any person with a knowledge of addiction will question whether 30 days is enough time for a patient to overcome their addiction issues and the deeply ingrained habits and underlying psychological issues which also can be part of the problem. However, the only person who can take control of this is your husband. You may find the Offenders' Families helpline may be able to help further regarding this matter, please see link here.
CourtroomAdvice - 25-Apr-17 @ 11:23 AM
Hi, my husband is on an suspended 9 month prison sentence and was put on license for 18 months less than a year ago. He was also ordered to do a 30 day alcohol rehab programme, what does this actually mean? My husband has an addiction to alcohol no matter how much he tries to sugar coat it! He was arrested from my home 3 weeks ago for reasons I won't go in to. For the past 8 months we haven't lived together but I have still been supporting him, this being unknown to his Probation Officer. I have been seen as the bad one with many different reasons. I'd like to know if I can contact the Probation Officer and express my concerns for my husband as he really needs help and the help and the courses and meetings he's attended have made him worse. I also have concerns for my stepdaughter too who is only young. I appreciate any advice anyone can give please. Hope you all manage to find the answers you're looking for too ?
D - 24-Apr-17 @ 1:42 PM
My son has recall as i threw him out he was permitted by a member of probation ro stay @ my neice is homefor night & tried to find a dwelling next day but no luck so he returned home & i informed local police of this but next day he was sent down on recall for how long i dont know as probation not giving me any answers
Sause - 15-Apr-17 @ 5:19 PM
Hi i would like some advice my son got out august 2016 was put on a curfew for first 3 months of release then the police turn up and say they have intelligence he has being active this is after hes being out 7 months he has not being charged with anything else so cos of this so called intelligence they put him on another 8 oclock curfew and last week they arrested him for breach of curfew so since he being sent back to prison hes received no paper work as yet on regard to this and im wondering whether it will be 28 day recall or til his licence ends february please help would like to know whether this is justified thanks X
Nicksterr - 9-Apr-17 @ 7:23 PM
my boyfriend got recalled last november but it was for somthing through no fault of his own he was protecting me , i am his girlfriend. he was seen taking a knofe of me because i was self harming after getting mysef in a state . but because its a harmful wepon and him being on liscense anyway as he took it off me although he wa sonly helping. he ended up being recalled because of it. he is still in prison now and got accepted for a hearing or parole a while ago but has sill not been given a date yet and im really worried that hes not gonna be out soon ??
dannii - 6-Apr-17 @ 12:55 AM
Hi Doris, Did you partner appeal his recall? Same thing happened with my partner just been recalled last week after being in for a 28 day recall. The hostel was full of sex offenders and he didn't want to stay there so they recalled him for the remainder of his sentence. I wonder if anyone has appealed and been successful?
Sab - 13-Mar-17 @ 12:57 PM
My partner was let out on licence in Feb and was placed in a hostel full of druggies, he did try and stay there but found he wasn't able to, so he went on the run ( he is a idiot ). He's since been caught and will be returned back to prison but how long will he have to serve? will he do 28 days or will he have to serve the rest of his sentence which was until May?he is deemed to be a high risk offender.
Doris - 2-Mar-17 @ 6:59 PM
Hi my boyfriend got out of prison last September and he is on lience till January 2018 while he was out in December 2016he got recalled for 28 days and got out in January 2017 then in February 2017 he got locked up for 3 burglarys went to mag court and got 44 weeks now I want to know if the 44 weeksstarts from today which takes it to July cause he does half does he stay in till is lience is up in January 2018 or does he have to start the 44 weeks prison sentence after his lience
Caz - 17-Feb-17 @ 10:37 PM
Hi my partner has recently been sentenced to do 42 days he onky served 21 days and was then releast on licence and on probation he missed 2 appointments with probation as he was really ill at the time. Probation brought him back to court and hes now been given 14 days. Will he have to do the 14 days or is it possible for him to do half and be releast in 7 days?
snailey - 11-Feb-17 @ 10:42 PM
My boyfriend got sent to prison then missed he's sons birth by 3 days got out on license 8th November he stuck to he's tag done so well untill police banged down my door sayin there arresting him on suspension of armed robbery and he hasn't done it so they have pit him on remand untill tomorrow, which is in crown court he's probation has sent or recall papers he's now got in there with him iv have got evidence he hasn't committed this crime and also managed to get CCTV to what he was doin the time the bank had got done he's solicitor also said its not him an I'd parade was put in place j someone from bank picked out someone n not my boyfriend when will they fine him not guilty we have. A three month old son together n he's duin time for something he hasn't done
bungle - 30-Jan-17 @ 2:14 PM
my son as been recalled for breaking is licence conditionsbeing out of is boundry also was arrested but not chargedand then straight recalled he doesnt pose a high riskbut as history of breaking licence conditionswill he be released in 28 days or serve the remainder of is time in jail n daz
joe joe - 28-Jan-17 @ 2:58 PM
My boyfriend was released from prison last april. He's a mappa 2 and on licence until 2019.He has been doing really well and they said that he has been the biggest success story in herefordshire, for how well he's been doing. Thursday night he went out.. next thing a couple of hours later,police are at the door arresting him for burglary. They searched the room and found no evidence of any of the items that the druggie had said he had took. They took him to police station and released him on bail with a negative drug test. He's now been recalled but the druggie that called the police had done a runner that night so no statement has been given. What does this mean? Does he get released after 28days? As he hasn't been charged for it.
aim - 25-Jan-17 @ 2:22 AM
Hi. My partner got released in October 2016 he's on licence for another 12 months. He got arrested 2 days ago on suspicion Of twoc what had ment to have happened before Xmas. (Although another lad got found guilty of it and has already been sentenced.) my partner was put before court yesterday for bail but wasn't granted it and Probabtion didn't want to recall him either so the judge remanded him for another 6 weeks for the court date. Does this mean if he's found guilty he will have to serve the rest of his licence seen as he's not been recalled. Any help or advice much appreciated. Many thanks.
Juice - 21-Jan-17 @ 11:06 AM
Jamielee- Your Question:
I'm on license and I was arrested for drunken disordly I was given a court date and I've missed it, will I be recalled because of this?

Our Response:
If you fail to appear in court when ordered, the judge can issue a warrant for your arrest.
CourtroomAdvice - 17-Jan-17 @ 2:30 PM
I'm on license and I was arrested for drunken disordly I was given a court date and I've missed it, will I be recalled because of this?
Jamielee - 16-Jan-17 @ 11:57 PM
kmc - Your Question:
A friend of mine has been recalled to prison following a recommendation from his probation office, this was because of a failure to reside breach however, his hostel have confirmed 100% attendance unless previously agreed for work and christmas. what can we do for him? can we seek free legal advice for him? how do we do this and where can we get it?Thanks :)

Our Response:
Please see the CAB link here which can provide free, impartial advice.
CourtroomAdvice - 16-Jan-17 @ 12:34 PM
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