This post is addressing the following question:
“My partner has been recalled back to prison for having a positive drug test. He volunteered to stay in a probation hostel for 3 months and to be drug tested, Will he have to do a full recall of 19 months?”
Following the revocation of his licence and recall back to prison your partner will be entitled to have a review of his detention in custody. That review will initially be carried out by the Public Protection Unit on behalf of the Secretary of State for Justice. They will look at what triggered the decision to recall and whether the recall was appropriate. They will then need to consider whether his risk could be safely managed in the community or whether his risk remains too high to be released.
His case may then be passed to the Parole Board who will decide whether he should remain in custody, the matter progress to an oral hearing or whether he should be re-released.
This is the position for someone who has received a standard or emergency recall. If your partner has received a 28 day recall he will be released after having been detained for 28 days in custody.
If the Public Protection Unit and the Parole Board fail to release your partner following the first review he will be entitled to a further review approximately 12 months later.
Therefore the maximum your partner will be detained as a result of being recalled back to custody is 19 months but he will have the opportunity of being re-released before that time.
It is important your partner obtains the help of a prison law solicitor to assist him through this process. Pickup and Scott Solicitors are experts in this area of law and would be happy to advise further.
Prison Law Supervisor
Pickup and Scott Solicitors