Home > The Justice Process > Release on Home Detention Curfew

Release on Home Detention Curfew

By: Lorna Elliott LLB (hons), Barrister - Updated: 17 Mar 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]
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
Hi, my husband has been given a 14 month custodial sentence fir a nonviolent crime,and has a hdc date for sept 2017,since in custody my health has deteriorated,i have 3 children 1 of which is only 4 months old. Are there any human rights laws that can have him released early on HDC, because im not coping and my health professionals fear i may relapse without him around as im at high risk.
Kia18 - 1-Jan-17 @ 1:56 AM
Hi my husband is in prison for 14months in custody,has a hdc date for sept 2017,my health has deteriorated since his been in custody,is there any human rights law dat can have him released on hdc early as im not coping and have 3 children,1 child is only 4months old.my health professionals believe my health is deteriorating due to my husband's custodial sentence and fear for my well-being.
Kia18 - 1-Jan-17 @ 1:52 AM
Little elf15- Your Question:
No point posting in forums for advice coz no one ever replies!

Our Response:
As you can see from some of the comments below, we do reply. As we have hundreds of questions across many other sites to answer, we cannot get to them all. However, we do try to when and where we can.
CourtroomAdvice - 19-Dec-16 @ 1:48 PM
Can you have you curfew set to more than one address? Ie my home and my girlfriends, or say your parents are divorced?
GoodL - 19-Dec-16 @ 9:48 AM
No point posting in forums for advice coz no one ever replies!
Little elf15 - 18-Dec-16 @ 4:46 PM
Hiya can a prisoner be released on hdc on Saturday
G - 16-Dec-16 @ 10:41 AM
My partner was sentenced to 26 weeks on 29/11 of which he has to serve 13 weeks. The probabtion service has not contacted him re HDC yet, can I do this for him and when is he likely to be approved or considered for HDC? Thanks
Posheeda - 14-Dec-16 @ 3:31 PM
Neesa - Your Question:
My uncle has got 8 months sentence for dodging a fine and points he's first ever crime we want to apply for tagged release how does he do it can we do it for him and how long does the process take

Our Response:
If the prisoner is eligible for a Home Detention Curfew then risk assessments will normally begin around ten weeks before the start of the curfew date (where time allows), please see Offenders' Families link here.
CourtroomAdvice - 14-Dec-16 @ 12:10 PM
My uncle has got 8 months sentence for dodging a fine and points he's first ever crime we want to apply for tagged release how does he do it can we do it for him and how long does the process take
Neesa - 13-Dec-16 @ 11:04 PM
I'm on tag at the moment as I'm awaiting trial for an assault. Iv been moved out the area to my dads and i have to be in by 7pm. They let me attend anger management on a Thursday and let me stay out until 10 as it takes time to get home. I'm not aloud into the previous area until after my trial. I'm also on bail. Iv got family in Leicester which is miles from where the area I'm banned from I was wondering would they let me stay there on Christmas Day if I asked either my probation officer or my solicitor or would I have to be back for 7 as usual?
Chalksco - 13-Dec-16 @ 10:46 PM
My partner was sentenced to 16 weeks for non violent crime on 30th November. He will serve 8. He has applied for hdc. Which I was hoping would mean his release between xmas and new year. My question is when will probation contact me to discuss hdc? Thank you
Little elf15 - 13-Dec-16 @ 3:28 PM
Kat - Your Question:
My dad was sentence for 10months in prisonHe's eligible to come home on HDC on the 12th January but his application is being reviewed on Wednesday this week. What's the chance of him coming home earlier than the 12th of January please

Our Response:
I'm afraid we cannot predict what the HMPS may decide.
CourtroomAdvice - 13-Dec-16 @ 2:44 PM
My dad was sentence for 10months in prison He's eligible to come home on HDC on the 12th January but his application is being reviewed on Wednesday this week. What's the chance of him coming home earlier than the 12th of January please
Kat - 12-Dec-16 @ 9:50 PM
Sal - Your Question:
Hello. My brother has been sentanced for 4 years on a non violent crime. The crime was conspiracy to supply class A. Would he possibly be eligible for HDC? And if so, how or when can he go about applying for this? I had heard that the law had slightly changed around this and clarification would be great. Thanks

Our Response:
The Home Detention Curfew (HDC) scheme applies to prisoners who are serving sentences of between three months and under four years.
CourtroomAdvice - 8-Dec-16 @ 11:58 AM
Hello. My brother has been sentanced for 4 years on a non violent crime. The crime was conspiracy to supply class A. Would he possibly be eligible for HDC? And if so, how or when can he go about applying for this? I had heard that the law had slightly changed around this and clarification would be great. Thanks
Sal - 7-Dec-16 @ 6:21 PM
My son applied for HDC but was told he couldnt get it as he had less than 14 days left on his sentence, however when he did apply he did have that but it seems the application was delayed. He has been given an extra 14 days sentence due to disregarding a directan order so can he reapply for HDC again. Thank you for any hep you can give on this
sunflowers - 7-Dec-16 @ 3:19 PM
Aria - Your Question:
My partners currently in prison, he's had a tag date for April 16th 2017, but other prisoners have told him that he may not get tagged to our home as our 1 year old daughter lives here. It's really worrying me now as if he gets out on tag I would love for him to be home where he belongs. Has anyone experienced this?

Our Response:
If your partner has a history of violence, his risk to other people (especially children) will be assessed. If so, social services would do an assessment regarding any risk to your child.
CourtroomAdvice - 2-Dec-16 @ 11:56 AM
My partners currently in prison, he's had a tag date for April 16th 2017, but other prisoners have told him that he may not get tagged to our home as our 1 year old daughter lives here. It's really worrying me now as if he gets out on tag I would love for him to be home where he belongs. Has anyone experienced this?
Aria - 1-Dec-16 @ 5:08 PM
@ann - HMPS are a law unto themselves - they'll decide when and if your husband comes out when and if they decide. They don't try to make life easy for inmates, in fact it's the reverse! :I
Jaaaaaan - 1-Dec-16 @ 2:36 PM
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