The Home Detention Curfew (HDC) has been a fundamental tool within the United Kingdom’s Criminal Justice System. Its recent reform has expanded the eligibility criteria whilst increasing the maximum duration prisoners can serve under curfew outside of prison. The new adjustments have been implemented via the Sentencing Bill 2023. 

The HDC allows prisoners to reintegrate into the community, ultimately preparing them for life after prison. It applies to certain individuals that are currently serving sentences between three months to four years. Depending on the individual’s sentence, the HDC will allow them to be released between two weeks and four and a half months prior to their current release date. 

The purpose of the HDC policy is to provide alternative options for those in custody, facilitating community engagement and reintegration.

How does it work?

To be successfully released on an HDC, the individual will need to meet eligibility criteria, pass a home check, and undergo a risk assessment. An electronic monitoring tag will be attached to their person, monitoring specific curfew conditions provided upon release.

In the instance that these conditions are breached, the tag will detect this breach and report it to relevant authorities where the individual will return to custody to serve their original sentence.  Once the conditions are breached, the individual will be ineligible for release under HDC for their current or future sentences. 

If the conditions are breached for reasons beyond the individuals’ control, e.g. they have changed address, there are options for re-release in the case that a new address is provided. 

The Prison Service Order: PSO 6700  applies for the release under HDC. For more information regarding international use of HDC in the United Kingdom please refer to R (Mormoroc) v Secretary of State for Justice [2017] EWCA Crim 989.

Who is eligible for the HDC?

The HDC applies solely to individuals serving sentences for specific crimes. Those who have committed crimes such as, but not limited to, cruelty of children, murder, and domestic violence will not be eligible for release under the HDC. The HDC clearly defines who is eligible and who is not in its policy. 

If an individual has committed or has a history or committing a violent or sexual offences under the Crime and Disorder Act 1998, they will be classified ineligible for the HDC. 

What changes have been made?

The Sentencing Bill 2023 was designed to create reform within current HDC criteria, focusing on rehabilitation to reduce both reoffending and overcrowding in prisons. 

Specifically, the changes are as follows:

• Extended eligibility to those serving longer sentences (over four years).
• Removal of the lifetime ban from the HDC for those who have breached the conditions, replacing it so that the ban occurs when the breach occurred within two years of the original sentence being imposed. 
• Removal the ban on HDC access for those who were previously returned to custody during the repealed “at risk” period of their licence, when courts could re-imprison offenders for committing an offence after release but before completing their sentence.

Legislation

s246, 250 and 253 Criminal Justice Act 2003, Sentencing Act 2020, PACE 1984, MCA 1980, CDA 1998.

Related Cases

• Round, Dunn [2009] EWCA Crim 2667, [2010] 2 Cr App R (S) 45, CA
• Dale [2004] EWCA Crim 231, [2004] 2 Cr App R (S) 58, CA
• Alkazraji [2004] EWCA Crim 204, [2004] 2 Cr App R (S) 55, CA
• Al-Buhairi [2003] EWCA Crim 2922, [2004] 1 Cr App R (S) 83, CA

References

• CrimeLine – serious about criminal law
• https://crimeline.co.uk/wp-content/uploads/2019/03/home-detention-curfew-pf.pdf 

If you need further information or expert legal advice on this matter contact McArthur Solicitors today on enquiries@mcarthursolicitors.co.uk or 020 4587 4583. Our team is here to help.

Andrew McArthur & Georgina Bath