Home > The Justice Process > Court: Recall on Licence

Court: Recall on Licence

By: Lorna Elliott LLB (hons), Barrister - Updated: 13 Oct 2021 |
 
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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If you have been recalled back to jail for drug offences, and you have been given a 45 month sentence on top of your 28 recall, are you eligible for tag?
A - 13-Oct-21 @ 4:34 PM
Hi I have been out from prison for a few months but I got caught driving with no valid insurance and provisional license ,can I get recalled for that traffic offenses?
Ali - 29-Sep-21 @ 5:17 PM
My partner is on licence for GBH he served 3 years and has been out 5 months, he’s been in trouble once for driving a car with no insurance but he’s been locked up for a public order arguing with one of the neighbours for her son assaulting my daughter, do you think he will get recalled for his full 3 years or just 28 days? Am worried sick
Jenn - 19-Sep-21 @ 2:41 AM
I was recalled back to prison during the pandemic when I was shielding my probation worker was persistent by making mme go in the office I missed this appointment and contacted her straight away and wasn't able to get hold of her till20 DTS LATER.. I didn't have any other warnings or letters nothing stating any warning through all of my 2years spent on licence nor did I have any proof for that mauiet I had been recalled in till 20days later.. I've been on the run since March know and after 5lonh years I finally have don'tmy time what will happen know then regarding my re
Caz - 26-Jul-21 @ 8:06 AM
What will happen if ur in prison for allagetion then not charged after 28 days and on recall but probation says he's not being recalled as the allegations weren't true. When will he be let out and why is he still in jail after 28 days
Boo - 24-Jul-21 @ 9:42 PM
What will happen to my son if he goes abroad while on license? Will he get a full recall?
Sue - 21-Jul-21 @ 9:02 AM
My husband got recalled in march 2021, for drug offences but all charges have been dropped found out 2 weeks ago. His licence expires 30th September 21. Will he have to do his full sentence or will it go to oral hearing or can he get re released if probation service are supporting his release?
Aggie - 20-Jul-21 @ 5:02 PM
My cousin has been kicked out of the house he’s got the licence to. My uncles fiancé has kicked them both out he’s came to stay with me he phoned his probation officer straight away. And they said he’ll more then likely be recalled? Is that right he can’t help being kicked out at all!!
Kt - 24-Jun-21 @ 6:57 PM
one question ? If you get arrested while on license but you are not charged and are on bail, will you get recall? Also do you have to tell your probation officer straight away that you get arrested or you just wait until you have your appointment with her. Will she or he know about this the moment that you get arrested or not?
choks - 3-Jun-21 @ 12:45 AM
My husband got recalled to prison for 28 days which we got told it was 28days over substance use. My family made allegations up against him which I made clear was false is it possible for him to serve the rest off his sentence or the 28days we got told. He would serve?
Ell - 23-May-21 @ 10:07 PM
My husband was on licence and a curphew tag. He got recalled back to prison over allegations what My family Had made against him which were false I told the police this but they still recalled him. his probation said he was recalled over substance use for 28days is it likely that he will serve the rest off his license or just the 28days??
Ell - 23-May-21 @ 10:05 PM
I KNOW SOMEBODY WHO WAS RELEASED FROM PRISON A FEW DAYS AGO ON LICENCE WHICH MEANT HE'S NOT ALLOWED TO TOUCH >NOPUB< KNOWING FULL WELL HE'S GOT TO STAY AWAY FROM ALCOHOL COMPLETELY BUT IM EXTREMELY SCARED TO REPORT HIM?????AS I KNOW WHAT HIS PAST CRIMES ARE AND THEY ARE DISGUSTING :( :(
SECURITY - 12-Apr-21 @ 6:00 PM
My partner got recalled for public order and common assault on me witch was lies neighbor's claimed they seen him hurt me. They put in a statement and now he has been recalled I told the police that these were false allegations but he still ended up being recalled even though he was on licence for a driving offence
Loz - 8-Apr-21 @ 4:07 PM
My other half was on tag and got arrested and was remanded for something that they was investigating his solicitor wil try for another bail application to get him out with surety etc but I’m scared because his already on tag so what are the chances of him getting bail
Jenny - 7-Mar-21 @ 12:50 PM
My son went to his exs and was arrestedfor trying to breakand entry will he be recalled
Trace - 27-Feb-21 @ 3:14 PM
My son has gone round his ex girlfriends and was arrestedfor trying to break and entrywill he be recalled
Tracey - 27-Feb-21 @ 3:12 PM
My partner was recalled because someone accused of a crime.However charges were dropped as they admitted they lied.however cause of recall.He has to go back to prision then to be realised again.The system is gone to the dogs
Queenie - 25-Feb-21 @ 1:28 PM
My boyfriend got recalled back to prison as he broke brech he shouldn't of come home for the 1st 10 weeks he was out bit he has and sone one grassed on him for being with us how long will he get back inside I'm worried about him will he get to come home after all this is over ?
T - 21-Jan-21 @ 3:24 PM
My ex partner was recalled back to prison on Friday (I only found out on Sunday after the chaplain called me). They couldn’t tell me why he had been recalled. My ex partner doesn’t want to disclose the information over the phone. Is it normal for the prison not to let you know why he has been recalled? I’m so confused. He is authorised to call me so I thought the prison would be able to let me know the reason. Can anyone offer any advice? Thanks
Mancmamma - 14-Jan-21 @ 10:51 AM
My boyfriend was recalled to prison on Sunday, was still at the police station Monday morning. I knew he wouldn't be sent back to prison until Monday but what time would he likely arrive back to prison today (Monday) I am guessing it would be late afternoon early evening? What would his rights be on return to prison, is he still entitled to a reception phone call/ visit like he was when he was remanded and later convicted? I haven't heard anything from him yet and he said this morning at the police station he would phone as soon as he could. I am getting a little worried as he seemed different, more distant towards me the day after his release ( last Monday) compared to when he was in prison and before. What could be causing this?
Princess - 7-Dec-20 @ 9:04 PM
My partner recalled in august after being badly assaulted and treated at hospital then sent straight to prison!! Again had to go to have a brain scan. He’s still in custody. The others have never even been arrested!! Disgusting???? complaints are in motion for harassment coz it’s not the first time!!
Donna - 27-Nov-20 @ 1:38 AM
I have been recalled to prison with no charges my probation have recommended my release I’ve done my 28days and still here I’ve read all reports and all looks good so why no news
Andy - 17-Nov-20 @ 12:19 PM
If my boyfriend is on post sentence license with probation and gets arrested for driving an unroadworthy car and also drug tested and failed the roadside drug test. Will this make him be remanded into prison?
Dld - 16-Nov-20 @ 4:25 PM
Can i get recalled if I’m driving without a licence ?
Davidson - 16-Nov-20 @ 9:23 AM
The whole system is corrupt as probation can continually impose restrictions on someone on licence so that inevitably they get recalled for the slightestbreach...probation officers are just the police and judgesrolled into one
Likan - 14-Nov-20 @ 4:18 PM
If someone is on licence for drugs offences, will he get recalled for being violent towards a partner? Also the partner has not made no statement
Jadey1 - 20-Oct-20 @ 6:52 PM
Can someone be recalled and not be told why he has been recalled?
LeeMass - 20-Oct-20 @ 5:40 AM
Im ipp and record all my calls due to my mental health..i had now been told that i have to attend rather than phone call on tursday as was unaware off me recording but i have told previous probation worker about my recording telephones calls.... she has now told me i have breach my conditions... can she recall me? Just for a couple off calls?
Nick - 16-Oct-20 @ 11:32 PM
I breached my tag when I was in the hospital with a accidental overdose on cocaine I rang every person possible I could ring to let them know where I stayed the night but I can't for the life of me get in touch with my probation worker
Kyle Selby - 15-Sep-20 @ 10:28 PM
You need to start recording the telephone calls that's what am doing at moment the system is bent so you need evidence yourself let them know that you are recording it so your not breaking any laws you can get it app to record do it
Joey - 19-Aug-20 @ 6:32 PM
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