Court: Recall on Licence

What is release on licence?

When someone serves a prison sentence, they often spend the final portion of their term in the community rather than in custody. This is known as being released on licence. The licence sets out what the person must and must not do while they complete the remainder of their sentence outside prison.

Every licence includes standard conditions that apply to all released prisoners. These cover basic requirements such as keeping in touch with your supervising officer, living at an approved address, and not travelling abroad without permission.

Additional conditions can be imposed on top of these standard terms. These might be set by the Parole Board, the prison, or the probation service depending on the circumstances. Extra conditions could include staying away from certain areas, avoiding contact with particular individuals, attending treatment programmes, or being subject to electronic monitoring.

Once released, the person will be supervised by a probation officer. This officer monitors compliance with the licence conditions and provides support to help the person resettle into the community.

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How recall works

If someone breaks the terms of their licence, they can be recalled to prison to serve more of their sentence in custody. While the probation service initiates recall procedures, the actual decision is made by the National Offender Management Service on behalf of the Secretary of State for Justice.

Recall does not require a court hearing. It is an administrative process, though the speed and specific procedures can vary depending on individual circumstances. Once the decision is made, a warrant is issued and the police can arrest the person and return them to prison.

There are two main types of recall. Standard recall is used in most cases where there has been a breach of conditions or concerns about risk. Fixed term recall involves a shorter period back in custody, typically 14 days, and is used for lower risk cases where the breach is less serious. The type of recall depends on the original sentence, the nature of the breach, and the assessed level of risk.

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Common reasons for being recalled

You do not need to commit a new crime to be recalled. While being charged with or arrested for a further offence can certainly lead to recall, it is not the only trigger.

Recall can happen for a range of reasons, including:

• Failing to keep appointments with your probation officer
• Not living at your approved address
• Entering an area you were told to avoid
• Contacting someone you were forbidden from contacting
• Behaviour that suggests an increased risk of harm to others
• Missing curfew checks if electronic monitoring forms part of your licence conditions

The probation service may also initiate recall if someone's behaviour or circumstances change in a way that raises concerns, even without a specific breach. Where there is an immediate concern about risk to the public, recall can be initiated on the grounds of safety and risk.

What happens after recall

After being recalled, the person will be taken back to prison. They will then receive written reasons for the recall and information about how to challenge the decision if they believe it was wrong.

For standard recalls, the person has the right to have their case reviewed by the Parole Board. The Board will consider whether continued detention is necessary or whether the person can be re-released, possibly with amended licence conditions. Fixed term recalls do not automatically go to the Parole Board unless there has been a previous breach leading to a standard recall.

The time spent back in custody varies. For fixed term recalls, it will be the set period. For standard recalls, release depends on the Parole Board's decision and the remaining time left on the original sentence. Time spent recalled counts towards the overall sentence, but the recall itself can affect future parole decisions.

Anyone facing recall or who has already been recalled can seek legal advice. Prisoners can access support through their solicitor or by contacting organisations that assist people in the justice system. For official guidance on licence conditions and the recall process, visit GOV.UK.

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