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Release on Home Detention Curfew

By: Lorna Elliott LLB (hons), Barrister - Updated: 22 Aug 2019 |
 
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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Hi, a friend of mine was sentenced to 28 months, the max he has to serve us 14 but his P.O. has informed us that’s he’s eligible for tag from the 7th April, which is 4 months early- however while in there has has heard from others that with the new Gps tag system some may be eligible for release 6 months early rather than 4- I haven’t found much info on this matter online is this true?
Soph - 22-Aug-19 @ 8:40 PM
if anyone needs any advice regarding being on tag just ask, its my job.
max - 20-Aug-19 @ 4:05 PM
if your not happy with a person being tagged at your address, call the tag people they will come and remove it, it's called a withdrawal of consent, as the homeowner you do not have to have it
max - 20-Aug-19 @ 4:00 PM
My son is on tag from prison at my address after only two days hes gone out twice when he shoudnt off hes had the police at my door and now i feel like i cant cope any more i want him to go ive spoken to his probation officerand his solicitor and the police saying i dont want him here no onecaresim thinking of pulling the plug on the tag boxive had all i can cope with please give me some advice
Blue eyes - 19-Aug-19 @ 1:53 AM
When can he apply for it aswell how long does he have to do be4 asking for tag
Donna - 11-Aug-19 @ 7:53 PM
My partner got 20 months in prison a week ago what the chances of him conming out on tag as he do 10 months inside has no priveos
Donna - 11-Aug-19 @ 7:52 PM
My ex boyfriend is currently in jail, the crime happened in Wales and he got arrested in Wales, and his court hearing was over in Wales. however shortly after he moved to my home town out of Wales nd has been living here in his own flat on his own up until when he had court on Monday 29th July, he got 15 months and allowed out on tag after serving half. Just wondering where he would be tagged too? Will he be tagged somewhere in Wales because that’s where it’s all happening? Or will he be able to have tag over here back in his flat?
Lilpots - 3-Aug-19 @ 10:43 AM
Hi evening all, my partner is due for tag November next year. Just wondering do they inform social services he will be there on tag? Or is it literally just him and probation that will know??
SandraMurray - 1-Aug-19 @ 10:38 PM
Hi, my husband was sentenced to 18 weeks for drink driving and was eligible for tag on 26th July. He hasn’t been given the full paper work from the prison yet but has been given a probation officer which has said that he has to wait for the documents from the prison to be able to do anything. Someone else has told him that he may not be eligible as he isn’t a British citizen. Is this correct or will he have to stay another 4 weeks to complete the 9 weeks of his 18 week sentence.
Ade - 30-Jul-19 @ 3:42 PM
If they don't come when you're supposed to come off can you take it off yourself
Dee - 29-Jul-19 @ 9:21 PM
Hi there, a dear friend has been sentenced and due for release in 2021. He said he will be applying for tag next year. I just want to know how long does it take from applying for tag to it being granted and released please?
KathChesh - 7-Jul-19 @ 2:31 PM
Good evening,my partner is in prison and his released date is 29th of August .but the immigration get involved.can he come out on hdc until we get an answer from the immigration? Thank you
Morena - 5-Jul-19 @ 8:30 PM
Hi what is the amount of time you are allowed out of your tagged address before it's classed as a breach as ice been told it is a set time of hours/mins Thank you this is a hdc early release
Cia86 - 3-Jul-19 @ 12:41 AM
Hi my daughters ex has set up his tag at her address. Would it delay his release date to change tag address. He's due to be released in 3 weeks.. many thanks
Mish - 11-Jun-19 @ 6:29 AM
My son on tag at my address hes done 6 weeks got 7 weeks to go I cant take anymore of his moods and liveing with him is making me I'll I live in a small I bed what can I do hes been good I just cant cope liveing with him many thxdawn
Jude - 29-May-19 @ 11:45 AM
My partner got sentenced on Tuesday for 14 months, he put in for his early realise on tag yesterday, I’m currently 7 weeks pregnant an due to have our baby in June I’m just wondering will he be out by then on tag? He’s got no previous convictions an has got a stable home to come back too?? Could really use the help as I’m going out my mind thank you
Shannon - 18-Oct-18 @ 11:44 AM
Hi just wanted a bit of advice, my partner is currently in prison for a driving offence and is eligible for HDC his date for this is 19.10.18 probation have passed him and there paper work is with the governor. I was just wondering if anyone would know if he will be passed by the governor with breaching his tag over 3 year ago for something totally different. Would they still consider him for early realise for it? I'm currently 34 weeks pregnant and they are taking me in to have baby at 39 weeks as he has a poorly heart and needs open heart surgery as soon as hes born, just a stressful time sat in the unknown. Thank you.
sammie-jay - 12-Oct-18 @ 10:25 AM
Hi my partner is due out on may 25 2019 on HDC and I'm just wondering if he will be allowed on tag back at our home address ??? I heard he might not be able to because the area we live in has a high crime rate and he got arrested at our address... thanks
Ella - 6-Oct-18 @ 11:34 PM
J.new - Your Question:
Hi my partner has been given his tag papers and filled them in. What's his chances to get out on hdc. He's been charged for domestic assault against and ex partner and was sentenced for it. He's applied for a tag at his friends address and has had good behaviour since being in prison and has been told he has passed the first 3 stages of the process. He couldn't get tagged here due to my son being here and sw dragging there heels to do as risk assessment. He has never been violent to me and hasn't offended in a year after that happened. My anxiety and through the roof wondering what's happening and scared he won't get out I'm not coping out here on my own. He's trying to change his life around and being out and having support would help

Our Response:
If the article doesn't help answer your question, the Offenders' Families helpline may be able to help, please see link here .
CourtroomAdvice - 27-Mar-18 @ 12:06 PM
Hi my partner has been given his tag papers and filled them in. What's his chances to get out on hdc. He's been charged for domestic assault against and ex partner and was sentenced for it. He's applied for a tag at his friends address and has had good behaviour since being in prison and has been told he has passed the first 3 stages of the process. He couldn't get tagged here due to my son being here and sw dragging there heels to do as risk assessment. He has never been violent to me and hasn't offended in a year after that happened. My anxiety and through the roof wondering what's happening and scared he won't get out I'm not coping out here on my own. He's trying to change his life around and being out and having support would help
J.new - 26-Mar-18 @ 8:36 PM
Hi I am on tag meself fat my address an my brother is due to get tag at same address is it possible to have 2ppl on it at same address
Kelly - 28-Feb-18 @ 8:44 PM
Hi my boyfriend got 90weeks do half he committed a crime while on suspended sentence will he get his HDC he been good whilst in prison and was on tag a year ago and never breach it can someone please give me some information about all this
Lucy - 29-Jan-18 @ 12:49 AM
Hello. My bf was meant to get his tag by 14dec but it has been refused. Does that mean he wil b out on his actual realease date
Kezza - 19-Dec-17 @ 11:49 AM
My son is due for early release on Feb can he live with me while we hope to secure a flat for him within a month . Is changing address allowed
Hel - 18-Dec-17 @ 9:42 PM
Emz - Your Question:
Hello I would just like to ask what's next to do well my partner was sentence for 8 months for affray on the 3rd of November he is a category c at the mo and we are trying to get the category down to a D. I have had a phone call from his probation officer to discuss his HDC order but that's it no home check yet can someone tell me what this means please as I am a bipolar and finding thing really hard and we also have 5 kids with special-needs so please can someone help me

Our Response:
You can see more regarding HDC tags via the Offenders' Families Helpline via the link here. This will explain the process fully and you can talk to an adviser if you need further guidance and/or information.
CourtroomAdvice - 5-Dec-17 @ 11:12 AM
Ati - Your Question:
My husband is in prision He is foreign national Can he get D cat ?Is he eligible for D car or Can he get HDC His behaviour is good he is low risk for everything He is waiting for deportation lette Is he eligible for hdc Me my son we both r British Thanks

Our Response:
HDC is not an entitlement and can only be granted subject to prisoners meeting the eligibility criteria and passing a risk assessment. 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. You can see more via the link here. However, if your husband is being deported, he would be considered as having a high risk of absconding. He would be more likely to be considered for an early removal scheme and not HDC.
CourtroomAdvice - 4-Dec-17 @ 11:07 AM
My husband is in prision He is foreign national Can he get D cat ? Is he eligible for D car or Can he get HDC His behaviour is good he is low risk for everything He is waiting for deportation lette Is he eligible for hdc Me my son we both r British Thanks
Ati - 3-Dec-17 @ 2:49 PM
Hello I would just like to ask what's next to do well my partner wassentence for 8 months foraffrayon the 3rd of November he is acategory c at the mo and we are trying to get the category down to a D. I have had a phone call from hisprobation officer todiscuss his HDC order but that's it no home check yet can someone tell me what this means please as I am a bipolar and finding thing really hard and we also have 5 kids withspecial-needs so please can someone help me
Emz - 28-Nov-17 @ 7:26 PM
Hi, my partner got sentanced to 2 years 2 months in October for GBH, he was very drunk and didn’t know what he was doing :( with him pleading guilty he has had a 3rd nocked off and the judge has nocked the 2 months off, on good behaviour will he be able to come out early? He’s been told he might be eligible for the HTC and get out in June is this right?
Stace - 23-Nov-17 @ 9:17 PM
Hi, my partner got sentenced to 2 yrs and 2 months in prison for gbh, he’s was very drunk one night and hurt a guy the judge said he has nocked the 2 months off, and with him pleading guilty he has abit more nocked off, he’s been told he could be eligible for the tag and be out in June is this right?
Stace - 23-Nov-17 @ 9:14 PM
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