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Home Detention Curfew (HDC)

Home Detention Curfew (HDC) is a scheme that allows some prisoners to be released early from custody under specific conditions. It’s commonly referred to as “tagging” because individuals released on HDC are fitted with an electronic tag, typically worn around the ankle. This tag monitors their movements, ensuring they adhere to the rules of their curfew, which usually means being at a designated address for a set period each day. Here’s everything you need to know about how HDC works, who qualifies, and what the process entails.

What is Home Detention Curfew?

Home Detention Curfew (HDC) is a program designed to ease an individual’s transition back into the community before their sentence officially ends. It allows certain prisoners to leave prison before their full sentence has been served, provided they have a suitable home address and can adhere to strict curfew conditions. Typically, the curfew requires them to remain at their home or an approved address for 12 hours each day, often between 7 p.m. and 7 a.m. However, adjustments can be made in specific cases, such as those where an individual needs to work during curfew hours.

How does the Tag work?

The electronic tag is key to the HDC scheme. This device is attached to the ankle and tracks the individual’s location during their curfew hours. The tag sends signals to a monitoring center to confirm the person is complying with the terms of their release. If someone attempts to tamper with the tag or leave their home during the curfew period without permission, the monitoring system detects the violation, and the person may be returned to custody.

Eligibility for HDC or a tag

Eligibility for HDC depends on a range of factors, including the nature of the current and previous offenses, the length of the sentence, and the person’s behavior while in custody. Importantly, the eligibility criteria are set by law, and individuals must meet these criteria to be considered for early release under HDC.

Some of the main eligibility criteria are as follows:

Sentence Length:
Prior to June 2024, only those serving sentences of less than four years could be considered for HDC. However, the law has changed, and those serving sentences of two years or more can now be eligible. Nonetheless, individuals must have served at least 28 days or a quarter of their sentence, whichever is longer, before being considered for release under HDC.

Exclusions:
Some prisoners are automatically ineligible for HDC, including those serving sentences for certain serious offenses such as sexual crimes, terrorism, or violent crimes. Foreign nationals recommended for deportation and those serving sentences for failing to return on temporary release are also ineligible. If someone has been recalled to prison for violating their HDC terms in the past two years, they will also be excluded from the program.

Presumed Unsuitable:
Even if a person meets the basic eligibility requirements, they could still be deemed “presumed unsuitable” for HDC due to factors like having a history of serious offenses (e.g., homicide, possession of firearms), being assessed as a high-risk offender, or being subject to Multi-Agency Public Protection Arrangements (MAPPA) Level 2 or 3, which applies to offenders considered at high risk of causing serious harm. These cases can only be considered for HDC in exceptional circumstances.

The application process

In most cases, individuals do not need to apply for HDC. The prison service will identify eligible individuals based on their sentence and behavior in prison. Once someone is eligible, they will receive a Proposed Address Form, which must be completed and returned. This form is crucial, as a suitable home address is a core condition of HDC.

If no address is available, prisoners may be referred to the Community Accommodation Service Tier 2 (CAS-2), which can provide temporary accommodation for individuals eligible for HDC but without a permanent home. The assessment process also involves checks to ensure there is an electricity supply at the proposed address, as this is necessary for the monitoring equipment.

Risk assessment & decision making

Once the Proposed Address Form is submitted, several checks are conducted to ensure the address is suitable. A Community Offender Manager (COM) or probation officer will contact the person who lives at the proposed address to confirm they consent to the individual being released to live with them. This ensures the household understands the HDC requirements and agrees to have the individual live with them under the curfew rules.

The address assessment also considers any potential risks, such as whether children or vulnerable adults live at the address. In some cases, a physical visit may be conducted to verify the suitability of the living conditions.

Once all the necessary checks have been completed, the prison service assesses the case and decides whether the individual can be released on HDC. This decision usually happens about five weeks before the individual’s HDC eligibility date. If the address is unsuitable or there are unresolved risk concerns, the decision can be postponed, and the individual may remain in custody.

While the process is fairly standardized, there are some exceptions. For instance, prisoners who are being held in segregation (aside from those held for their own protection) cannot be released on HDC until they have spent at least seven days in the general prison population. Additionally, if a person is being investigated or charged with a new offense, their HDC release can be delayed or canceled.

Appeals or complaints

If a person believes they have been unfairly denied HDC, there is no formal appeal process. However, they can file a complaint using the prison’s standard internal complaints procedure. It’s important to note that being eligible for HDC does not guarantee release, as the decision depends on a range of factors, including risk assessments and address suitability.

Life after release on HDC

Once someone is released on HDC, they must comply with strict conditions laid out in their release license. These typically include curfew hours, requirements not to tamper with the electronic tag, and a general obligation to maintain good behavior. Failure to comply with these conditions can result in the person being recalled to prison to serve the remainder of their sentence.

Individuals on HDC must also report to their Community Offender Manager (COM) regularly. In some cases, additional license conditions may be applied, such as attending work or educational programs or addressing specific behavioral issues. The curfew hours are typically non-negotiable but can be adjusted to allow for work or other necessary commitments.

HDC provides an opportunity for some prisoners to reintegrate into society earlier than their full sentence would otherwise allow. However, it comes with significant responsibilities and is not a guaranteed right for all eligible individuals. Strict conditions are in place to ensure that those released on HDC comply with their curfew and contribute positively to their rehabilitation. If the conditions are met, HDC can provide a structured pathway back into community life while ensuring public safety.

For those seeking more detailed guidance, the Home Detention Curfew Policy Framework and related resources provide extensive information on the scheme. Families and individuals affected by HDC can also contact prison staff or organizations like the Prisoners’ Advice Service for assistance.