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Release on Home Detention Curfew

By: Lorna Elliott LLB (hons), Barrister - Updated: 26 Jul 2022 |
 
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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Hy son is coming out on tag and going to his gf but has been told he cannot go there because he got arrested there is this true please
Sammy - 26-Jul-22 @ 2:07 PM
Hi my cousin is hearing rumours about a new gps tag coming in to place and it is a 9month tag for prisoners is this true and is is given to people serving over 4years azwel how true is this
Kurtis - 16-Jul-22 @ 3:21 PM
Hi my son got taken to prison in October last year. Though fighting and arguing with girlfriend. He was on a breach so had to stay in till February and still did not get bail then. He went to court and got 2 years and 2 months. The solicitor said he would be out in a month because of the time he had already done. When he went for tag they said he could not have it because of a breach in 2019 because l was kicked out but he did contact them straight away. Is there a solicitor out there that can help me get him out as l am disabled and need his help
Marie - 11-Jul-22 @ 6:47 PM
My boyfriend has been denied tag. How long till he can re apply ?
Fran - 21-Aug-21 @ 9:13 AM
Hi I need some advice my partner as put in for his tag at mine. He's in prison but there said I had to get into with my landlord who I get my flat out does anyone no if there been in the same situation and let him home. He deserves a chance to come home people who are getting tagged from prison don't deserve it coz there have burgled elderly people and have violence on the record and my partner can't get he's. Shocking weres the the chance he needs to get out so I can look after him.
Nats - 20-Aug-21 @ 3:47 PM
Hi my husband can get out on tag in July but it’s come back saying our home isn’t suitable does anyone no why that would be the prison are saying it’s our local police who have said no cos he’s been arrested at our address
Sharon - 15-Jun-21 @ 10:30 PM
My dad has been on tag for 1 year now the trial has been moved to next year in February I’m just asking is there any law for how long your aloud on tag as by next year in February he will have been on it for two years now
Katie - 5-Apr-21 @ 8:43 AM
My son is a vet has two daughters that he has 50 percent custody of serving six months on alleged aggravated assault before his sentencing in was wearing a Monitor for 15 months waiting on court because of covid had no problems . Would he be eligible for HDC or tag
Mom - 25-Mar-21 @ 1:28 PM
Hi my partner is due out on the 4th of jan on tag, will he still be released on that date if we are in thier 4 isolation Thank you Georgia
Georgia - 19-Dec-20 @ 4:41 PM
My son is on tag. His girlfriend dose not want him back in the house where the tag box is. What is short term solution?
Col - 13-Oct-20 @ 8:18 PM
I have a bf who’s been let out of prison but is on tag he is on tag till the end of January they have placed him in work with a room his in but they have sed theycan’t install his tag box in the place we’re he is at they have sed if he can’t find an address with in 25 hours he wud get recalled Would they put him into a hostel and find him accommodation till his end date or wud he get recalled back till his end date
Julie c - 13-Oct-20 @ 12:41 AM
Hello. Just enquiring as to if there’s any news on the 4 month tag being extended to six month yet? And also i have been told there is a 12 month one, is this true? My partner is up for his review in December? But his release date is actually July, can he be sent home after his review if he is on good behaviour etc or will it be strictly only when he is eligible for hdc?
Kls - 5-Oct-20 @ 11:03 AM
can 2 people with tags on have the same bail address
Bim50 - 27-Sep-20 @ 5:19 PM
my boyfriend is due out on tag on 25November this year but if we're on lockdown will he still be elligible
lizzy - 20-Sep-20 @ 9:38 PM
Good evening my son is coming to the end of his sentence he as applied for tag the prison service have given him a date 10 /10/2020 which is less than three weeks away but we have had no visit from anyone is this right
Trouble - 19-Sep-20 @ 10:03 PM
Hi there My bf is currently on tag. But hasn’t been to prison yet he’s been on take for couple months because he’s been probably found guilty of something but has a trail in December. I’m confused. Is he doing he’s time on tag now or?
Jb - 2-Sep-20 @ 8:55 AM
Hi my partner is due out on the 14th of September when will he hear if he has been accepted for tagg? Proabtion phoned me back in july but heard nothing since.
Benzy - 26-Aug-20 @ 10:22 AM
Hi, Is it true that the tagging time has been increased to 6 months from 4.5 months?
Lkoz - 22-Aug-20 @ 4:16 PM
Hi, my partner has had his hdc papers today does that mean he has been accepted for his tag release date?
Shareen - 19-Aug-20 @ 2:19 PM
Hey - what the most tag time you can get? And who decides ? Just someone told me that tag time has been upped to 6 months when it used to be 4 months if I recall correctly!
Sheeney - 14-Aug-20 @ 9:43 AM
My partner let a homeless man stay at his home the person sneakily for his tag box put in without asking permission he really needs him to leave how can he get him to go without involving police because he is from Romania & he was just letting him stay a few night now it's going on to 3 weeks he is not listening to my partner he keeps asking him to go but he is just playing dumb please help, I refuse to stay with my kids there because of him been there please help thanks
Polla - 13-Jul-20 @ 12:22 PM
My friend is eligible for hdc on 24th july but he has has another case which is ABH, will he still get his tag?
Zuls - 28-Jun-20 @ 2:58 PM
My son is due to 28th July on tag to his parents home but been refused why is this can we appeal.
N/A - 24-Jun-20 @ 3:57 PM
My partner was sentenced to 7mths. And is due out in September. Or july if he gets his tag. But probation rang me then my partner was asked to provide a secondary address. Does anyone know why?? as the first address he provided was actually hes own address. It's so confusing and no one seems to tell you anything
Rachaelee - 23-Jun-20 @ 4:46 PM
My partner cut his tag off and was recalled back to prison will he have to serve the rest of his licence ot will he get out in August half way of his sentence?
Kel - 25-May-20 @ 10:59 PM
Hi my partner has got 7 months left out 10 month sentence he just got hdc papers for tag we have a baby and he was sentenced for weapon he is pre summed unsuitable but got paper does this mean he will get it ?
Sj - 14-May-20 @ 12:57 AM
Hi wondering if anyone could help my partner is a D cat prisoner soo he gets 4 nights stay out a month he address is at a family membersand we have tried to move the address to mine and the probation said they did not find my address suitable but will not give a reason to why not his crime was gbh I do have 2 children but I can’t see he a risk to the children it was a pub fight that got out of control he has his own children This is his 1st time I’m prison and had a few petty convictions before hand but nothing much the fact he never met his probation officer because he new and covid mean he can’t see him I think it’s areally unfair to make his mind up with out meeting my parter
Danni - 30-Apr-20 @ 11:41 AM
Hi I’m on tag my partner is about to get his hdc paper can he get tag at my address as I’m on tag aswell
Cs - 29-Apr-20 @ 12:17 PM
Does anyone know if you can have 2 people tagged to the same address? As my partner is due to get his tag papers for his hdc but I'm also on tag and need to know if he can use the same address. Cheers
BB - 1-Apr-20 @ 1:14 AM
Hi my partner got 6 months but dies 12 weeks he applied for tag at the start of sentence his eligibility date is in 2 weeks time and still not had a home risk assessment anyone else had this problem before ?wondetibg how long the process can take please if anyone can help me out x
Jaci - 30-Mar-20 @ 4:39 PM
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