What is Home Detention Curfew? ("HDC")
HDC is the means by which some prisoners may spend a period of their sentence confined to their home rather than in prison. It is also known as "tagging". It is governed by Prison Service Order 6700.
What does HDC involve?
The individual must remain in their home for a specified period of the day, and will wear an electronic tag for the duration of the curfew. The tag works by means of electronic signal, which is monitored, thus ensuring the individual does not breach the curfew.
The individual must remain in their home for a specified period of the day, and will wear an electronic tag for the duration of the curfew. The tag works by means of electronic signal, which is monitored, thus ensuring the individual does not breach the curfew.
Which prisoners are eligible for the HDC scheme?
- Prisoners serving sentences of 3 months or over, but less than 4 years under the Criminal Justice Act 1991;
- Prisoners serving standard determinate sentences of any length under the Criminal Justice Act 2003.
If a prisoner falls within the above categories, will he automatically be considered for HDC?
Not necessarily. Some individuals may be presumed unsuitable and may only receive a HDC if there are "exceptional circumstances" which warrant it.
Which prisoners are not eligible for HDC?
- Those convicted of a violent offence and currently serving a sentence which requires extended supervision;
- Those serving a sentence for failing to return to custody following a temporary release;
- Those who have failed to comply with a requirement of a curfew order;
- Those who have at any time been recalled to prison from a HDC (unless an appeal has been successful);
- Those with less than 14 days left before the halfway point in their sentence;
- Those who have at any time been recalled to custody for committing an offence before the at risk period of the sentence has expired.
Are there any other restrictions?
Yes. HDC only applies to offenders aged 18 and over.
Are there any risk assessments which must be completed before commencement of HDC?
Yes. Prisoners must pass a risk assessment and have suitable accommodation approved by the Probation Service before they can be granted Home Detention Curfew.
Yes. Prisoners must pass a risk assessment and have suitable accommodation approved by the Probation Service before they can be granted Home Detention Curfew.
What are the licence conditions attached to the HDC?
All prisoners released on Home Detention Curfew must be released on licence. For prisoners serving sentences of under one year the licence will expire at the halfway point of sentence. For prisoners serving sentences of one year or over the curfew condition will expire at the halfway point of sentence and the licence itself will expire at the three quarter point of sentence less the period spent on curfew
The curfew hours should normally be for 12 hours. Curfews must never last for less than nine hours a day except on the initial day of release.
Prisoners must not be released on Home Detention Curfew unless they sign the licence to agree that they consent to the conditions imposed.
All prisoners released on Home Detention Curfew must be released on licence. For prisoners serving sentences of under one year the licence will expire at the halfway point of sentence. For prisoners serving sentences of one year or over the curfew condition will expire at the halfway point of sentence and the licence itself will expire at the three quarter point of sentence less the period spent on curfew
The curfew hours should normally be for 12 hours. Curfews must never last for less than nine hours a day except on the initial day of release.
Prisoners must not be released on Home Detention Curfew unless they sign the licence to agree that they consent to the conditions imposed.
What happens if an individual breaches his HDC?
His licence will be revoked and he will be recalled back to custody.
What sorts of prison law issues may arise in the context of HDC?
If the prison fails apply the correct procedure following a prisoner's request for HDC (i.e applies the policy incorrectly, or does not consider an eligible prisoner's request).
His licence will be revoked and he will be recalled back to custody.
What sorts of prison law issues may arise in the context of HDC?
If the prison fails apply the correct procedure following a prisoner's request for HDC (i.e applies the policy incorrectly, or does not consider an eligible prisoner's request).
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