Recall to custody is a serious and often distressing situation for individuals who have been released from prison on licence. Understanding the recall process and knowing your rights is crucial to navigating this challenging period. At Watson Woodhouse, our dedicated prison law team are here to provide comprehensive legal support and representation to those facing recall to custody.

Free Initial Discussion

If you, a friend or a family member are being recalled to prison following a breach of licence, contact our prison law team today at 01642 247656 or use our contact form and we will call you back.

What Does Being Recalled Mean?

A recall occurs when an individual who has been released from prison on licence is returned to custody because they are deemed to have breached the conditions of their release. This can happen for a variety of reasons, including, but not limited to:

• Committing a new offence: If the individual commits another crime while on licence, they can be recalled to prison.
• Failing to comply with licence conditions: This can include not attending required meetings with a probation officer, failing to reside at an approved address, or breaking any other specific conditions set out in the release license.
• Behaviour indicating increased risk: If the individual’s behaviour suggests that they pose a higher risk to the public or themselves, they may be recalled to custody.

Types of Recall

When someone is recalled to custody their licence is revoked and they may have to return to prison based on one of three types of recall:

• Fixed-Term Recall: The individual is returned to custody for a fixed period, usually 14 or 28 days, after which they are automatically re-released unless further action is taken.

• Standard Recall: The individual is returned to custody and remains there until the Parole Board decides they can be re-released. The Parole Board will review the case and decide within 28 days of the recall.

What Happens After Receiving a Recall?

After an individual is recalled to custody, they will be given detailed reasons for their recall in a document called a ‘dossier’. The individual then has the right to make full representation to the Parole Board, it is recommended to consult a solicitor during this process.

The Parole Board have to follow a strict legal test as to ‘whether they are satisfied that it is no longer necessary for the protection of the public that the prisoner remains confined in custody.’

The case will be initially assessed by the Parole Board through a process known as a ‘paper hearing.’ During this paper hearing, the Parole Board will review the contents of the dossier to make an informed decision about the prisoner’s release.

The Parole Board has three options following a paper hearing:

• Direction for Release: Order the prisoner’s release back into the community on licence.

• No Direction for Release: The Panel is not satisfied that the individual meets the test for release and they will direct that they remain in custody. The individual will be eligible for a further review annually.

• Direction to an Oral Hearing: The matter will be directed to an oral hearing where the Parole Board, professional witnesses and the individual will discuss whether the individual meets the test for release. Watson Woodhouse can advise and assist with oral hearing procedures.

How Can Watson Woodhouse Help?

Our experienced prison law team can provide comprehensive legal support and representation for individuals facing recall to custody, which includes:

Challenging the Recall – We will thoroughly review the circumstances leading to the recall and identify any grounds for challenging the decision. This will be initially challenged at a ‘paper hearing’.

Oral Hearings – We represent individuals at Parole Board hearings advocating for their re-release.

Why Watson Woodhouse?

At Watson Woodhouse, we specialise in prison law and are experts in ‘recall to custody’ situations. Our team understand the legal procedure involved in recall appeals, we will advise you on your legal rights and keep you updated on the likely outcome.

Contact our prison law team today on 01642 247656 or use our contact form and we will call you back.

Do I Have to Pay for Legal Representation?

Legal aid is available for recall and oral hearings if you are eligible. To determine if you are eligible for legal aid, contact our team today.

Contact Us Today

Call us for a FREE confidential consultation with our specialist Prison Law team today on 01642 247656. Alternatively, complete our online contact form and one of our team will be in touch.

Watson Woodhouse Solicitors provides support to clients throughout England and Wales.