HDC Application and Appeals

HDC Application and Appeals Solicitors

If you wish to consider making an HDC application, our experienced Prison Law solicitors at Reeds can not only assist you with the application itself by drafting representations, but can also attempt to minimise the delays caused by other agencies. Seeking legal advice early will maximise your chances that an HDC is granted. It will also highlight any areas where it may be rejected and come up with a proactive plan should an appeal be necessary.

The HDC (Home Detention Curfew) system allows some people to be released from custody early. They must provide a suitable address to go to be eligible for HDC. It is typically for offenders who are serving shorter sentences.

Getting approved for HDC may also depend on your sentence length, offence history and behaviour during any sentences (current or prior) as well as your eligibility. Top

This tag allows the offender a certain level of freedom on house arrest, such as living at home and leaving the house, so long as they abide by the rules. These rules include areas you are allowed to visit (for example, you most likely will not be able to leave the country on a tag) and times you are allowed to be outside of your household boundaries.

The period spent in custody might include time on remand in custody or on a ‘tagged bail’ (EM curfew), the law requires a minimum of 14 days in custody after the sentence before the offender may be released on HDC.

Call us today on 01865 592670 to discuss your case or complete enquiry form on our contact page here. Alternatively please email prisonlaw@reeds.co.uk.

When To Contact Reeds Solicitors

When dealing with Home Detention Curfew, it is extremely important that you contact a solicitor immediately. Our Prison Law Solicitors are highly experienced in advising those with HDC applications. We are also able to aid with appeals for those who Home Detention Curfew application has been denied.

Understanding the complexities of the Home Detention Curfew is often difficult, especially at what may be a turbulent time in your life. Our solicitors are able to help with these complexities and keep your best interests at heart.

Call us today on 01865 592670 to discuss your case or complete enquiry form on our contact page here. Alternatively please email prisonlaw@reeds.co.uk

Meet the team

How We Can Help

Our Prison Law Solicitors are some of the most experienced in the country. Many are also specialists in Criminal Defence law. We are instructed by people from across England and Wales and are known for our hard work, intelligence, and focus on protecting our clients’ best interests.

Regardless of what happened to result in you being held in custody, you have a series of fundamental human rights that must be observed. We are dedicated to ensuring our clients receive fair parole hearings and ‘nickings’ adjudications.

Although people aged between 18-25 are not sent to full adult prisons, they are often vulnerable. We provide expert advice and representation on all legal problems you may encounter in prison and explain things in plain English.

Our Prison Law Solicitors can help you with a full range of matters, including but not limited to sentence calculations, determinant and indeterminant recalls, independent adjudication, parole hearings, and more. Regardless of how complicated your case is, we can provide the expertise and experience you need.

We are regularly instructed to help people who have received incorrect Sentence Plans or sentence calculation issues. We understand it can be hard to challenge sentencing issues, especially if you are being denied Legal Aid because you have been told you have not exhausted all the complaint methods available within the prison system. You can be confident that we will swiftly spot any inaccuracies in your sentence calculation or Sentence Plan and robustly represent you to ensure matters are corrected.

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FAQ

The tagging company will fit the tag to you. They will usually come to the address you provide and electronically map it out so the police can electronically monitor (EM) your whereabouts at what time. This is also to ensure that you remain within the boundaries of the tag after the curfew.

If you step out of these boundaries, the police will be notified and may come round to check that you are abiding by the rules.

You will be given a curfew in which you must be within boundaries at these hours. They are typically 7pm-7am, however there is slight flexibility within this to account for paid work or exceptional circumstances. This EM and curfew ensures that you are abiding by the rules of your house arrest.

Once you have been deemed eligible for an HDC you will be given an HDC eligibility date. Unfortunately, you may not be released on this exact date due to delays. These delays typically occur because the application requires communication and consent from both the prison and the Probation Service.

The Probation Service that manages those prisoners released into the community in licence.

Our solicitors are able to manage any delays and make sure the process is as smooth as possible.

Eligibility for an HDC application is applicable to a strict set of rules and it is not automatically be given. The conditions that factor into eligibility including your sentence length, the offence(s) you have been charged with, any previous convictions etc.

The statutory requirements are laid out in the Criminal Justice Act 2003 (Section 246)

The requirements for Home Detention Curfew are as follows:

    • Must be serving a sentence of imprisonment of at least 12 weeks .

    • Must serve at least a quarter of the sentence plus a 28 day minimum.

    • The offender must have an EM curfew for a minimum of nine hours a day. However, generally the curfew is 12 hours a day.

    • Any age is applicable, including under 18s, Secure Training Centres and Secure Children’s Homes.

You are not eligible for an HDC application if:

    • You have been convicted of a violent or sexual offence and are serving an extended sentence or you are required to register as a sexual offender

    • You are liable to be deported from the UK

    • Your sentence is for violating a temporary release

    • You have a current sentence for failure to comply with a curfew order or Return on Temporary Licence (ROTL)

    • If you have ever been recalled from HDC for a curfew violation, unless you successfully appealed this

    • If your sentence is short enough that you would be tagged for less than 14 days.

Firstly, the prison must decide whether you meet the criteria for eligibility. This should be within five working days of your sentence calculation.

If you are suitable for HDC, it should automatically be considered. However, if you are not considered and feel that you should be, contact our solicitors immediately to appeal this decision.

They will determine an HDC eligibility date and in the meantime, you should receive a Proposed Address Form. This should be at least ten weeks before the HDCED. If you are serving a shorter sentence, you may receive this sooner.

You should be informed about your HDCED at least two weeks before it happens.