Background
The Home Detention Curfew (HDC) scheme was introduced in Scottish prisons on 3 July 2006 originally allowing the Scottish Prison Service (SPS) to release short term prisoners assessed as low risk to be released on licence between 2 weeks and 4½ months early. In March 2008, the Scottish Parliament agreed to extend the maximum duration of HDC from 4½ months to 6 months and to extend the provisions of HDC to long term prisoners (those sentenced to 4 years or more in custody).
Prisoners released on HDC are subject to electronically monitored restrictions on their movements for up to 12 hours per day for the remainder of their sentence as well as a number of standard conditions which have been specified by regulation. The primary aim of HDC is to ease the reintegration of prisoners back into the community whilst they are tagged.
Eligibility for Release
HDC is used for prisoners assessed as low risk. Certain categories of prisoners are excluded by law from inclusion in the scheme, e.g. registered sex offenders. Decisions on release will be taken with regard to public safety, reintegration into the community, and reducing reoffending.
The primary role in determining eligibility for those prisoners entitled to apply for HDC rests with the SPS. All prisoners are subject to a robust risk assessment process undertaken by the prison service which will take account of issues such as previous history of violence etc, and a community assessment report provided by local authority social work. The SPS will then decide whether or not to release the prisoner on HDC.
When considering the release on HDC of a prisoner, consideration must be given to:
- Protecting the public at large
- Preventing re-offending by the prisoner, and
- Securing the successful reintegration of the prisoner into the community
All prisoners granted HDC are on licence subject to standard conditions and a curfew condition. Additional conditions may also be included in the licence, such as supervision and support.
What happens if a Prisoner breaches their conditions?
If a breach occurs, a prisoner may be recalled to custody. A breach occurs when the prisoner does not comply with the terms of the Home Detention Curfew licence or where the offender's whereabouts can no longer be monitored remotely at the place for the time being specified in the curfew condition. In most cases, the breach will occur because of a failure to comply with the curfew condition. The role of the Electronic Monitoring Service Provider is to alert the SPS to the breach and to provide evidence, including setting out the details of the breach. It is then for SPS to decide whether to recall the prisoner to custody.
Arrangements for long term prisoners
Long term prisoners (those sentenced to 4 years or more) are eligible for consideration for HDC after the Parole Board for Scotland has recommended release on parole at the parole qualifying date (the half way point of the sentence). The prisoner may then be eligible for HDC for the period from the parole decision being made to the parole qualifying date. The same statutory exclusions apply and the SPS will still undertake a full assessment before a final decision on HDC is made.
Cross Border Transfer of Home Detention Curfew
Since 20 October 2008, eligible prisoners in custody within a Scottish prison can apply to be released on HDC to an address in England or Wales. The above risk assessment procedures still apply and all decisions on release, breach or revocation remain with SPS. Reciprocal arrangements are in place for prisoners transferring on HDC to Scotland from an English or Welsh Prison.
Useful Links
* Supercedes Justice Circular JD/9/2006