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Release on Home Detention Curfew

By: Lorna Elliott LLB (hons), Barrister - Updated: 18 Oct 2018 |
 
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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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
My partner got sentenced in may for 10 month only does half but he’s allowed hdc the probation officer came and did check on house over a month does anyone know how long it takes to hear back if he’s actually got it his tag date starts on November where just waiting to hear now and am getting very impatient haha
Cerri-mae - 25-Oct-17 @ 11:44 PM
hello i have a partner currently serving 18 month (halved) his due out 29th january2018 I'm due to give birth 13th january we have 4 children already iv been in contact with offender manager she has cleared things her end and happy for him to reseave tag however I no it's down to govner to make final decision im I'm on edge and trying not to pin hopes on thisoption but really need him home he has a few make ego discrepancy on his report but all the omu say is its 50/50 how long is the whole process to no where we stand as couple and a family
Mcgarrick - 23-Oct-17 @ 11:14 AM
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
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