Early release for short-term prisoners (those serving less than four years) on Home Detention Curfew (HDC), commonly referred to as ‘tagging’, was introduced on 1 January 1999. The scheme requires prison governors to consider all prisoners serving more than three months but less than four years for release on HDC. From July 2003, the scheme was extended to include young offenders.

Certain prisoners are excluded from the scheme: prisoners subject to a hospital order; violent and sexual offenders serving extended sentences; prisoners facing deportation; prisoners who have been released early under an HDC and have been returned to custody; people serving sentences for fine default and contempt of court and prisoners who have breached an early release licence and have received a further prison sentence. In addition, as of July 2003, prisoners with a history of sexual offending (regardless of current offence) and those serving sentences for certain other offences, including racially aggravated offences will be ‘presumed unsuitable’ for release unless there are exceptional circumstances. The Home Office has indicated that they expect very few prisoners subject to a presumption of unsuitability to be released early on exceptional grounds.

The length of the sentence being served determines the length of time that can be spent out of prison on HDC. The table below shows how HDC will apply depending on the length of your sentence. Prisoners who are eligible must satisfy a risk assessment before being approved for HDC. Prison Service Order 6700 contains detailed guidance on how risk must be assessed. Although there is a presumption in favour of release, the overriding issue for the governor is to ensure that there is no risk to the public. Decisions made by the governor can be appealed both internally at the prison and then to the Area Manager.

Not many family or friends of serving inmates realise that their loved ones are entitled to (in most cases) FREE legally aided Prison Law Representation whilst they are serving a prison sentence. At QualitySolicitors Keith Park we are proud to have prison law contracts as well as the ability to offer legal aid. It is also worth noting that the advice that the CIB Limited provides is also absolutely FREE and confidential, for more information or at the very least, a family member or loved one should allow one of our solicitors to thoroughly review an inmate’s sentence plan to ensure that all targets are realistic and any offending behaviour programmes set out by the prison are suitable and realistic for the inmate in question. Our solicitors can also advise an inmate on what courses should be completed, and the best prisons in which to complete them, in order that inmate progress as quickly as possible through their prison sentence.