Home Detention Curfew
What is it?The Criminal Justice Act 1991, as amended by the Crime and Disorder Act 1998, and the Criminal Justice Act 2003, enables some prisoners to be released early subject to a curfew which requires them to be electronically tagged for a minimum of nine hours a day. It allows them to live at home, or at an alternative approved address and is designed to help prisoners prepare for life after their release. Prisoners sentenced for offences committed before the 4th April 2005 and all those who receive a sentence of less than 12 months, regardless of when the offence was committed are considered under the eligibility criteria of the Criminal Justice Act 1991. Prisoners who commit their offence on or after the 4th April 2005 and are sentenced to 12 months or more are considered under the eligibility criteria of the Criminal Justice Act 2003 (CJA03).
Home Detention Curfew (HDC) is also known as "electronic tagging". It has been in operation since January 1999.
How does it work?
A small electronic "tag" is fitted to the ankle. The tag sends a regular signal to a monitoring centre that confirms the presence of the person in their place of curfew. If they are absent or try to tamper with the equipment the monitoring centre is alerted and the breach investigated.
Who is eligible?
Prisoners serving sentences primarily of between three months or more, but less than four years. Prisoners who are sentenced to 4yrs or more under the CJA03 are not excluded by law from HDC but are presumed unsuitable for release unless there are exceptional circumstances.
They will not be eligible if they are:
Prisoners must have enough time left before the half way point of their sentence to allow for a minimum period of 14 days HDC and must have a suitable address to go to.
Prisoners serving sentences for certain offences are "presumed unsuitable" for HDC, and will not be released unless the Governor agrees to their exceptional circumstances. This rule also applies to prisoners with any history of sexual offending who are not already statutorily excluded from the scheme.
How long does Home Detention Curfew last?
HDC lasts between 14 days and 135 days, dependent on the length of sentence. Time spent on remand counts towards the calculation of the HDC eligibility date.
If they meet all the criteria will they automatically get HDC?
No. HDC is not an entitlement and can only be granted subject to prisoners meeting the eligibility criteria and passing a risk assessment, including a home circumstances check.The prison and probation service have input into the risk assessment and sometimes doctors, social services and the victims can also be involved but it is the Governor of the prison who decides whether to release a prisoner on HDC . The risk assessment takes into account their prison record, previous convictions and the suitability of their home address. If HDC is refused, the person will be told this and given the reasons why.
Can they appeal against a refusal?
Yes. Where HDC is refused, a prisoner must be informed of (a) the right to appeal through the Request Complaints procedure; (b) the right to see the reports and other documentation on which the decision was based; (c) the right to make oral or written representations to the Governor dealing with the appeal.
In the first instance, the establishment holding the prisoner must deal with the appeal. If the Governing Governor denies the appeal, the next and final stage of the appeal is for the prisoner to write to the Prisons and Probation Ombudsman at:
Prisons and Probation Ombudsman, Ashley House, 2 Monck Street, London SW1P 2BQ
Does the prisoner have to do anything?
No. They should be told when they arrive at prison that there is a possibility that they may be eligible and a risk assessment should begin approximately 10 weeks in advance of their HDC date, if they are eligible.
What is a suitable home address?
The prisoner must have an approved curfew address within England or Wales. The probation service on the outside will be asked to check the address the prisoner has given, and this will form part of the risk assessment. They may want to visit the family to assess the effect HDC might have on them and to ensure that everyone living at the address is aware of all the implications of having someone on HDC living there. A supportive family can help a great deal towards the successful completion of a sentence.
There are some technical requirements for the system to work, but most homes will meet these. There needs to be an electricity supply and a telephone line, or the possibility of installing one. If you do not have a telephone, the contractor who provides the tags will arrange for one to be installed.
It will be enabled only for calls to the monitoring centre and the emergency services and will be disconnected at the end of the sentence. A fixed or metered electricity supply is also necessary.
Do they have to stay at the same address?
The duration of the curfew must be spent at the same address. Variations in the order are only granted in exceptional circumstances and at the discretion of the governor. The new address will be subject to the same suitability checks and the person must not move until the variation has been approved.
September 2007