Recall Reviews

What is a prison recall?

When a prisoner is released ‘on license’ or parole they are supervised by an offender manager, who makes sure that they don’t get commit further offence when they have been released. When you a released ‘on license’ prisoners will often have conditions that they are required to adhere to. If these conditions are broken then they can be recalled and brought back into prison.

What happen if I get recalled to prison?

If someone is recalled to prison, they will often be arrested and the police will take them back to prison. This also means that the terms of their ‘on license’ release are revoked and therefore their license to live back in the community has been stripped.

If an offender is returned to prison, depending on the circumstances, there may be grounds to have their recall reviewed, if you find yourself in this position then Youngs Law have a team of solicitors who are able to assist you with representation or offer you legal guidance.

The recall review will be referred to the parole board, where they will decide how your case progresses. Prisoners are able to make representations which will help the Parole Board decide whether a prisoner should remain in jail, be released, or the case should be forwarded to an oral hearing.

What can I be recalled for?

You could be recalled to prison due to any of the following:

• Breach of any licence condition
• If a further offence is committed/or arrested on suspicion
• If is believed that you are/have behaved in such a way that their Offender Manager reasonably believes you will go on to commit a further offence or that raises risk.

If it is felt there is not an escalation of risk, probation can decide whether to issue a warning first. 

Post release, our Prison Law team are able to assist in relation to recall matters. When a prisoner is recalled, their licence is revoked. All types of sentenced offenders will be subject to a recall if they fail to comply with the licence conditions in place.

How long will I be in prison for following recall?

The length of time a prisoner will remain in prison following their recall will vary depending on the type of recall they’re subject too.

There are 3 types of recalls to prison:

• Fixed Term Recall: Prisoners will be sent back to prison for 14 days if the original sentence was less than 12 months and 28 days if the original sentence was more than 12 months. Prisoners are eligible for this  unless  they are serving a sentence for a violent or a sexual offence, they are serving an extended sentence, they have been recalled before on the same sentence or they were recalled before their automatic release date having been released early under the Home Detention Curfew scheme or compassionate grounds.   

• Standard Recall: Standard recalls only apply to those who are serving a sentence for a violent or a sexual offence, are serving an extended sentence or because it is felt they are too much of a risk to be eligible for a fixed term recall. This type of recall can result in the prisoner remaining in custody until the end of their sentence or until the parole board deems them suitable for release. The case will be sent to a parole board automatically after 28 days. They will either release the prisoner straight away or set a date (within 1 year) when the prisoner can be released on licence. 

• Emergency Recall: When a prisoner is eligible for standard recall but their risk of harm or risk of reoffending is deemed too serious to warrant release. 

Recall Reviews:

When you are recalled to prison, you will be given the reason for the recall. All prisoners are given the opportunity to make representations to the parole board. It is highly recommended that you should do this with the help of their solicitor. Youngs Law have a team of experienced prison law solicitors who specialise with recall reviews.

The parole board will then have the opportunity to view all of the papers relating to the recall, including any representations made by the prisoner. They must then decide on one of four things: 

• Order the prisoner’s immediate release back onto licence 
• Refuse immediate release but order their release at a future date  
• Make no recommendation at all  
• Send their case to an oral hearing 

Can I appeal the decision of the Parole Board? 

The Parole Board will give all prisoners their reasoning behind any decision that is made. Prisoners can then either accept the decision or request a hearing in front of the Parole Board in person, this is known as an ‘oral hearing’ and it normally takes place in the prison that the prisoner is being kept.

During the oral hearing the prisoner can give evidence and call upon witnesses. There must be a strong argument in favour of an oral hearing for prisoners to be granted one, these are not granted upon any request. Following an oral hearing, the Parole Board will then have to make a decision, one of the four listed in the previous paragraph.

What if the Parole Board refuses to release the prisoner after an oral hearing? 

If you are refused release by the Parole Board after conducting an oral hearing, the only way the decision can be challenged further is by way of judicial review proceedings in the Administrative Court. This is a complicated procedure and a prisoner should seek legal advice before pursuing this course of action. 

How Can We Help with Recalls to Prison

This is where Youngs Law come in, we can submit representations on your behalf in relation to the reasons for any recall and any mitigation which may be provided. The parole board can either refuse your re-release on the papers until the next annual recall review, defer the review for want of further investigation, or direct the case to a hearing. We are able to represent you and provide advocacy and assistance at these oral hearings.

We have a large proportion of repeat clients as clients repeatedly return to us when recalled having previously been successful in having them released.

When to contact us?

As soon as you or someone you know is recalled to prison or is due to be recalled in the coming days. Recall reviews can be fast paced so it is vital to get in touch as soon as possible. To get in touch with one of our prison law solicitors fill out a contact form, call us or send us a message on WhatsApp.