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Release on Home Detention Curfew

By: Lorna Elliott LLB (hons), Barrister - Updated: 12 Oct 2017 |
 
Home Detention Curfew Tag Bail Address

Offenders sentenced to determinate sentences of imprisonment for more than three months but less than four years may be entitled to release on Home Detention Curfew. This is an initiative that allows an offender to be released from custody up to 120 days early as long as they abide by strict conditions on licence. It was designed to allow an offender to get used to being back in the community and thus allow for an easier transition from prison to home life. Home Detention Curfew is as it sounds; the offender is allowed to go home but must ensure that they are inside the house for specified periods (usually during the night.) The requirements of Home Detention Curfew are that the offender must stay within the four walls of the property during the hours of the curfew, which means that it is not acceptable to go into the garden (e.g. to smoke, or to join in a barbeque).

How Does an Offender get Home Detention Curfew?

Not all prisoners are eligible for home detention curfew. Some will be excluded by virtue of the nature of their offence, in which case they may be classed as ‘presumed unsuitable’ (and will not get HDC unless there are exceptional circumstances and the governor agrees to release on HDC) and others will not be eligible because their sentences are either too long or too short. If not automatically excluded from the home detention curfew scheme, prisoners are assessed before their HDC date, i.e. the date upon which they would get HDC if they were assessed as suitable for it.

Offenders who are not excluded from the scheme will be assessed by the probation service to find out whether they can be released on HDC. This includes passing a ‘risk assessment’ and ensuring that a home circumstances check is carried out satisfactorily (the place where the offender will live while on HDC.)

If an offender is refused HDC, they can appeal the decision by submitting a complaint form to the Governor, setting out the reasons why they think the decision is wrong.

Practical Elements of HDC

If an offender is released on home detention curfew, they will need to agree in writing to the licence conditions. These are usually to stay within an agreed address between 7am and 7pm every day. The property to which they are ‘tagged’ can either be their home address, a hostel or another approved premises.

The curfew is enforced by way of an electronic monitoring device that is installed at the offender’s pre-approved address. The offender is monitored by way of a ‘tag’ around their ankle.

What Happens if an Offender is Recalled?

If an offender does not comply with their curfew, the monitoring system will alert the contracting company that provides the tagging system and the offender may be recalled to prison. If this happens, they may not be re-released until their automatic release date (usually at the half-way point during their sentence.) If an offender is recalled to prison for breaching their tag due to circumstances that were not within their control (e.g. not being able to remain at the curfew address anymore) they may be able to apply for a further review of HDC once an alternative address is found (and subject to that address being deemed suitable.)

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[Add a Comment]
hello. my boyfriend got sentenced to 2 years in May he has his tag date for 25th October. he's tagged at his mums as we didn't live together before he had his own place but now been took off him, I am wondering of he is allowed 2 tag addresses as we have children together?
t - 12-Oct-17 @ 9:45 PM
Hayls- Your Question:
Hi my boyfriend got sentenced in the 20th August 2017, he got sentenced to 8 months but serving half of that, he's been told he's eligible for tag and release date is 16th October, very soon im just wondering how long does this whole prodecure actually go on for? I've contacted probation officer and he's currently waiting for paper work too come too our property too check it out. Me and his probation officer are staying in contact pretty much everyday too see if either of us have heard anything, does anyone know how long this whole prodecure takes as he's getting so annoyed with no one even telling him anything in prison, so keeps saying someone's coming too see you as soon as possible.

Our Response:
I'm afraid HMPS had its own administrative pace, which we have no knowledge of.
CourtroomAdvice - 10-Oct-17 @ 1:48 PM
Hi my boyfriend got sentenced in the 20th August 2017, he got sentenced to 8 months but serving half of that, he's been told he's eligible for tag and release date is 16th October, very soon im just wondering how long does this whole prodecure actually go on for? I've contacted probation officer and he's currently waiting for paper work too come too our property too check it out. Me and his probation officer are staying in contact pretty much everyday too see if either of us have heard anything, does anyone know how long this whole prodecure takes as he's getting so annoyed with no one even telling him anything in prison, so keeps saying someone's coming too see you as soon as possible.
Hayls - 9-Oct-17 @ 10:02 PM
Angie - Your Question:
Hi , my husband was sentenced to a money laundry offence for 42 months last year in April. Half is sentence will be over January next year 2018 however he applied for the HTC for release snd be on the tag from now until the finish of he's sentence in Jan. The tag realise date was meant to be 13 sept but it was refused. The reason given was that the home circumstances does not support it. At first we didn't know what that meant and soon found out as my husband and I have history of domestic violence at the address ( where I live at the mo too ). On my statements to the police at the time , it said that he hit me etc etc. Based on that he was refused. He wrote a letter to appeal , had an interview with the governor and again it was rejected. The thing is I really want him back / we have two children and I want to know if there is any way he can get the tag ? What about if he used a different addresss ? Another family member and stayed there , would the prison authorise it ? Pls someone help me I'm so lost

Our Response:
HDC is not an entitlement and can only be granted subject to prisoners meeting the eligibility criteria and passing a risk assessment. Your husband can appeal against any refusal of tag if he does not believe the refusal reasons are valid. The refusal reasons being; he presents an unacceptable risk to the victim or to members of the public, he has a pattern of offending which indicates a likelihood of re-offending during the Home Detention Curfew period. Or, there is a likelihood of failure to comply with the conditions of the curfew, there is a lack of suitable accommodation for HDC and/or the potential curfew would be too short.
CourtroomAdvice - 28-Sep-17 @ 11:26 AM
Hi , my husband was sentenced to a money laundry offence for 42 months last year in April . Half is sentence will be over January next year 2018 however he applied for the HTC for release snd be on the tag from now until the finish of he's sentence in Jan . The tag realise date was meant to be 13 sept but it was refused . The reason given was that the home circumstances does not support it . At first we didn't know what that meant and soon found out as my husband and I have history of domestic violenceat the address ( where I live at the mo too ) . On my statements to the police at the time , it said that he hit me etc etc . Based on that he was refused . He wrote a letter to appeal , had an interview with the governor and again it was rejected . The thing is I really want him back / we have two children and I want to know if there is any way he can get the tag ? What about if he used a different addresss ? Another family member and stayed there , would the prison authorise it ? Pls someone help me I'm so lost
Angie - 27-Sep-17 @ 1:41 PM
G - Your Question:
My baby father was done for section 18 gbh and got sentence to 36 months and 2 months for racial so 38 months total. He has a release date of October the 2nd 2018 by I want to know can he apply for HTC for early release in may hopefully?

Our Response:
Prisoners serving sentences of between three months and four years can be considered for the scheme which can grant early release between two weeks and 135 days earlier than the half way point of the sentence. HDC is a privilege, not a right, and despite a HDC date being automatically generated for the majority of prisoners, not all prisoners will be eligible. Certain offences automatically rule out the prospect of release under the scheme, please see Offenders' Families helpline link here.
CourtroomAdvice - 25-Sep-17 @ 10:54 AM
My baby father was done for section 18 gbh and got sentence to 36 months and 2 months for racial so 38 months total. He has a release date of October the 2nd 2018 by I want to know can he apply for HTC for early release in may hopefully?
G - 24-Sep-17 @ 12:06 PM
Hi I am currently out on hdc I was sentenced due to a breakdown due to my working life affected my physical and mental health caused issues in which I commuted my offences I am currently being sent to see a physiologist to test for bi polar and sckitzapheria I went back my parents lasted a week I am now at my brothers I can't be around the same people for periods of time I'm struggling to control my anger etc which my doctor knows how serious my mental state is at the moment and how it's making me feel I was just wondering as there looks to be no chance of getting my own place soon weather if I went back to court given I've done more than half my sentence and giving my mental state would a court consider changing the remainder of my sentence on tag to community service which would give me the option of staying between places because being round one person for some period of time is seriously offering my mental state and consider as well as my doctor does of what and how I feel I want to act which could cause other's harm any advice please I'm lost with all of this
Shaun - 20-Aug-17 @ 7:55 PM
seekin information, my partner has currently been served with 26weeks, do half! hes been granted his HDC when he was jn court he didnt like the fact he was gettin sentenced due to the offences bein 2 n half years ago, anyway so him bein in court he got his hair off and taken his bandage off his arm and threw it infront of him ( no 1 was sat directly infront of him) now hes gettin done for comman assault can he have his tag taken off him once its gone thro and granted? can 1 police officer charge him with the common assault? :-/
louise - 16-Aug-17 @ 3:17 PM
If in a rented property do you have to ask landlords permission to have someone in the property on the tag?
M.buc - 27-Jul-17 @ 7:48 PM
Hi there oh has hdc September for my current address but landlord selling this and I have to move what are the procedure I have to take so it's all above board and he still gets his tag?
Ema - 19-Jul-17 @ 2:13 PM
Hi my boyfriend has been sentenced and has to do 21 month for abh section 47. He has been given an eligible tag date for October. It was domestic related so I am wondering weather he is likely to get tag. He has never been done for domestic before although he has had an assault 7 years ago in 2010. He was given tag for that which he never breached. This is his first ever sentence and first time in prison. I want him home asap but the domestic happened at our home adress. Nothing like this has ever happened before and he was very drunk. Do you think he is likely to get tag? Is there any way I can help, by speaking to probation myself? Thanks
EL - 7-Jul-17 @ 11:57 AM
Me - Your Question:
Hello my partner has been put in prison for blackmail small scale he was sentenced to 15 months but serving 7 and a half he has mental health issues he has done everything in side he is suppose to will he be able to get hdc

Our Response:
We cannot predict whether your partner will be granted a HDC tag. You can see more via the link here which will give further information regarding whether he may be eligible.
CourtroomAdvice - 3-Jul-17 @ 2:16 PM
Hello my partner has been put in prison for blackmail small scale he was sentenced to 15 months but serving 7 and a half he has mental health issues he has done everything in side he is suppose to will he be able to get hdc
Me - 1-Jul-17 @ 1:50 AM
Hello ive spend hours and hours looking all over the interent reguarding hdc. My other haff got 16 months. Half with good behaviour. Which he has be has been. Was in education and now working full time. He has applied for hdc but i really dont know if it will be granted for not? He is in for theft and has been well behaved inside , but he is at high risk of reaffending. He has a breach from 2010, that is 7 years ago! Does that really make a difference? Just really want to know your opinion and if you think its likely to be granted. The residence hed be coming out too wont be an issue as i know what the criteria holds.
Sk - 6-Jun-17 @ 12:22 PM
Hi what is the regulations of not eligible for HTC due to 116 of recall.
Kirsty - 19-May-17 @ 9:43 PM
Hi there, my partner eligibility date for hdc is next week, when will he know if he's going to be released. Would he have found out by now if it was approved, feels like banging my head against a wall no knowing anything, it's his first offence non violent or drugs, and he's not had any trouble inside. Just want to know if he would have already been informed about it. If it was going to happen
Lou - 10-May-17 @ 10:35 PM
Can my boyfriend get hdc with a 48month sentence exactly
Jen - 7-May-17 @ 4:22 PM
Hi my boyfriend was sentenced to four years exactly for being concerned in the supply of class a.can he get hdc or parole he's a good inmate and follows all the rules.
Kam - 7-May-17 @ 4:20 PM
Boo - Your Question:
If someone has a three year sentence for gnu will they be able to have a hoc?

Our Response:
Prisoners serving sentences of between three months and four years can be considered for the scheme. Please see link here for more information.
CourtroomAdvice - 17-Mar-17 @ 11:29 AM
If someone has a three year sentence for gnu will they be able to have a hoc?
Boo - 17-Mar-17 @ 12:38 AM
Hi Is someone sentenced to a six year sentence eligible for HDC ?? Or to go to a parole board and ask for HDC? If first time in prison no other convictions and not for a violent crime. Also done all course available while inside currently cat d prisoner ? Any help appreciated
Em - 7-Mar-17 @ 10:43 PM
If I said I would allow someone to have a tag curfew at my address and circumstances change can I change my mind
Lou - 24-Feb-17 @ 8:57 PM
Can my partner go for tag if he has another outstanding charge that he is currently on unconditional bail for ?
Maria - 22-Feb-17 @ 8:47 PM
Jacko - Your Question:
My son got 4 and a half years can he get hdc

Our Response:
A HDC tag is available only to prisoners with sentences between three months and four years.
CourtroomAdvice - 8-Feb-17 @ 2:46 PM
Hi. Was woundering if anyone knows roughly how long it takes for the board to decide if someone is going to have hdc.. (tag) please.
vg229 - 7-Feb-17 @ 1:03 PM
My son got 4 and a half years can he get hdc
Jacko - 1-Feb-17 @ 7:38 PM
Hi my fellow doing 30 months went in December 2016 they given him a rotl date for August and a another for Novemberwhat does this mean
Maz214 - 31-Jan-17 @ 9:47 AM
Hi my soon to be husband, has been in prison for a drug crime. They gave him 16 months,and he has been given a letter stating he can be released on the 17 November as a early release for tag. although he has a failed to attend court on his criminal record because of a mix up with court does anyone know if he will still be eligible. Thank you
S - 30-Jan-17 @ 1:32 PM
Hi my bf is can have hdc but can't have it from my address because of previous domestic violence with ex partner :( I've been waiting 9 months for him and now it looks like I've got to throw it all away is there anything I can do so he can have tag at my address I love the man to pieces
Roxy music - 25-Jan-17 @ 5:09 PM
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