18/09/23

Home Detention Curfew | Tagging

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Home Detention Curfew, or 'tagging' as it is commonly known, provides an alternative to prison and allows certain prisoners the opportunity to serve the last part of their sentence at home, or other suitable address, for a maximum period of six months.

The scheme allows for the early release of offenders serving sentences of imprisonment of at least twelve weeks but no more than four years.

To be eligible, an offender must have served the requisite custodial period of the sentence which is at least one quarter of the sentence imposed with a minimum of twenty eight days remaining.

Home Detention Curfew will prevent the offender leaving the stipulated address between certain times and there is a requirement to wear an electronic ankle ‘tag’ which will be monitored by the G4S monitoring centre.

Breaching curfew regulations or tampering with the equipment may result in a return to prison.

Helen Holder of Kangs Solicitors comments upon a Home Detention Curfew.

Kangs Solicitors has been defending clients charged with criminal offences of every nature for twenty five years and is rated as one of the best criminal law firms in the country being ‘Top Ranked’ by the leading legal directories.

The Legal 500 states:

’Kangs is the standout shining star of criminal litigation firms. It leads the way in criminal defence work for other firms to follow. What makes the firm unique is the quality of the work it receives from all corners of the country. Clients come to the firm for its exceptionally experienced and gifted team of solicitors’.

Chambers UK states:

‘It is a first-rate team that is dedicated to its clients and is tenacious in challenging the prosecution.’

Our Team is led by Hamraj Kang, recognised as a leading expert in the field of criminal law and ranked in the ‘Top tier’ by both of the above-mentioned leading directories.

Other members of the Team are also ranked in Chambers UK and The Legal 500.


For an initial no obligation discussion, please contact our team at any of the offices detailed
below:

London

Birmingham

Manchester

24 Hours number

The Relevant Law | Kangs Criminal Offences Defence Solicitors

The Criminal Justice Act 2003 (‘the Act’) allows the Secretary of State to release prisoners on licence.

The Act states:

‘246 Power to release prisoners on licence before required to do so

(1) Subject to subsections (2) to (4), the Secretary of State may—

(a) release on licence under this section a fixed-term prisoner … at any time during the period of 180 days ending with the day on which the prisoner will have served the requisite custodial period, 

(2) Subsection (1)(a) does not apply in relation to a prisoner unless—

(a) the length of the requisite custodial period is at least 6 weeks,

b) he has served—

(i) at least 4 weeks of that period, and

(ii) at least one-half of that period.

(4) Subsection (1) does not apply where—

(a) the sentence is imposed under section 226A, 227, 228 or 236 or under section 265, 266, 278 or 279 of the Sentencing Code,

(aa) the sentence is for a term of 4 years or more,

(ab) the prisoner is one to whom section 247A applies,

It is important to note that there is no statutory entitlement to release on Home Detention Curfew. In other words, it is a privilege, not a right.

Statutory Exclusion and Presumption of Unsuitability | Kangs Serious Crime Defence Solicitors

Statutory Exclusion

The Act provides for exclusion from the Home Detention Curfew where the offender is:

  • sentenced to four years or more for any offence,
  • a sex offender who is required to register,
  • convicted of violent or sexual offences, serving an extended sentence,
  • serving a sentence for specified terrorist or terrorist connected offences,
  • serving a sentence for ROTL failure to return,
  • serving a sentence for breach of the curfew requirement of a Community Order,
  • a Foreign National Prisoner recommended for deportation by the court and those awaiting a decision to deport,
  • one who has served less than fourteen days since date of sentence,
  • one who has been recalled to prison for failing to comply with the Home Detention Curfew conditions,
  • returned to custody by the court for committing an imprisonable offence during the ‘at-risk’ period,
  • currently serving a recall from early release on compassionate grounds.

Presumption of Unsuitability

There are circumstances where an Offender may be statutorily eligible but deemed ‘presumed unsuitable’ for the Home Detention Curfew where such offender is serving a sentence of imprisonment for:

  • homicide,
  • explosives activity,
  • possession of an offensive weapon,
  • possession of firearms with intent,
  • cruelty to children.
  • offences aggravated on the grounds of race, religion or sexual orientation,
  • Covid-19 related offences.
  • certain terrorist offences,
  • stalking, harassment, coercive control and non-fatal strangulation and suffocation offences.

Additionally, an offender may be ‘presumed unsuitable’ where:

  • there exists a history of sexual offending, without the requirement to register,
  • there has been terrorist or terrorist connected offending,
  • the offender has been a previous recall for poor behaviour while on Home Detention Curfew,
  • the Offender is a Foreign National Prisoner that is liable to deportation but not yet served with a decision to deport.
  • an overseas court has ordered imprisonment for four or more years with less than four years to serve after repatriation to the UK,
  • the offender is a Category A Prisoner.

An offender ‘presumed unsuitable’ will not be considered for Home Detention Curfew unless exceptional circumstances are relevant.

The offender may submit details of the exceptional circumstances relied upon to the Prison Governor who will make his decision which will be provided in writing.

Sentence Calculation, Eligibility and Calculation of Eligibility Date | Kangs Criminal Defence Solicitors

Within five working days of being informed the sentence calculation, the Prison will inform the offender and whether Home Detention Curfew is available together with the eligibility date, where appropriate.

The eligibility date can be calculated as follows:

Sentence LengthRequisite period to be servedApproximate range of minimum and maximum curfew periodsCalculation
12 weeks or more but less than 720 days (2 years)28 days or one-quarter of the sentence, whichever is longerBetween 2 weeks and 180 days depending on the length of the sentence28 days or the number of days in the sentence ÷ 4 Minus remand/tagged bail; Apply the figure obtained to the actual date of the sentence
720 days (2 years) or more but less than 4 years180 days less than half the sentence180 daysEffective CRD – 179 days

An offender who has not been informed of the eligibility date must submit the appropriate Application to the Offender Manager Unit.

Important Procedures | Home Detention Curfew Solicitors

Proposed Address Form

At least ten weeks before the eligibility date for Home Detention Curfew, the Offender will receive a ‘Proposed Address Form’ for where the offender intends to reside.

The Custody Offender Manager will undertake the relevant checks which may include a visit to the address and any individual there.

Once concluded, the offender will receive a completed Address Checks Form.

Risk Assessment

Once an offender is deemed eligible, and the proposed address has been approved, the offender will be interviewed and a Risk Assessment undertaken, and the outcome will be notified to the Offender.

Leaving the Address During Curfew Hours

If released on Home Detention Curfew, the offender will not be allowed to leave the address during curfew hours.

The standard curfew hours are from 7pm to 7am.

The offender will be able to request an absence during curfew hours in special circumstances which will require prior approval.

Any absence without approval may lead to return to prison.

How Can We Help? | Kangs Criminal Courts Solicitors

The Team at Kangs Solicitors is accustomed to assisting and supporting clients involved in criminal proceedings of every conceivable nature including those seeking Home Detention Curfew.

Our Team understands that committal to imprisonment imposes enormous stress and anxiety to the committed person and family and advises upon the pertinent considerations that arise including the possibility of any Appeal and any steps which may be available to mitigate the sentence by, for example, the possibility of Home Detention Curfew.

Who Can I Contact For Help? | Kangs National Criminal Defence Solicitors

If you are facing any form of criminal investigation or proceedings, or anticipate that you may well do so, our Team is here to assist you and is available 24/7 on telephone number 07989 521 210.

We welcome enquiries by telephone 0333 370 4333 or email info@kangssolicitors.co.uk.

We provide an initial no obligation consultation from our offices in London, Birmingham, and Manchester.

Alternatively, we provide initial consultations by telephone or video conferencing.

Contact:

Sukhi Kangs 0417 BW scaled e1690222441546

Sukhdip Randhawa

Email Sukhdip

0121 449 9888

020 7936 6396

0161 817 5020

Helen Kangs 0491 BW

Helen Holder

Email Helen

0121 449 9888

020 7936 6396

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