If you are seeking re-categorisation, or a family member is looking for advice on your behalf, specialist legal advice at an early stage can make a real difference. For many prisoners, successful re-categorisation means progression to a Prison that could offer better incentives such as additional family visits or more association time. If the application is for Category D (open conditions), then this could allow them to undertake paid work in the community, access Release on Temporary Licence (ROTL) and spend more time with family and friends.
Our prison law solicitors advise prisoners and their families on applications for re-categorisation, appeals following refusal and the best strategy for progressing through the prison estate. In some cases, the correct advice is to challenge the decision immediately. In others, we may recommend waiting until further offending behaviour work has been completed or additional evidence is available so that the application has the strongest possible prospect of success.
Re-categorisation is not automatic. Whether a prisoner is suitable for a lower security category depends on a range of factors, including the type and stage of their sentence, progress against their sentence plan, offending behaviour work, behaviour in custody and whether any identified risks can safely be managed in lower security conditions. We can advise whether a prisoner is likely to meet the criteria, whether the timing is right and what evidence will strengthen an application.
Legal Aid is not available for most re-categorisation work, so applications and appeals are usually funded privately.
How Our Re-categorisation Solicitors Can Help
Our team will carry out a detailed assessment of your case, including a review of your sentence plan, OASys assessments and any previous RC1 decisions. We will identify the reasons why earlier re-categorisation reviews may have been unsuccessful and provide clear, honest advice on whether a fresh application or review is realistically likely to succeed.
The re-categorisation review itself is conducted by prison staff. Neither your solicitor nor, in most cases, the prisoner will attend the review meeting. This makes written representations particularly important. We will prepare comprehensive written representations tailored to the relevant Prison Service policy framework, ensuring that favourable evidence is properly presented and that any factual inaccuracies, outdated risk assessments or unsupported conclusions are robustly challenged.
If a re-categorisation review is refused, we can advise on the available avenues for challenge, including appeals and requests for reconsideration where applicable. Equally, where the prospects of success are currently limited, we will provide practical advice on the steps that should be taken before the next review to maximise your chances of achieving a lower security category in the future. Our aim is to ensure that you have a clear understanding of your position, a realistic assessment of your prospects, and the strongest possible case for progression.
Case Studies
1: Appeal Against Refusal of Re-categorisation
The client was serving a long determinate sentence for sexual offences and was approaching the point where progression to open conditions had become an important part of his sentence plan. His family contacted us because he had been refused re-categorisation and did not agree with the decision.
We explained that we could appeal the decision, but first needed to establish proper grounds of appeal. Simply disagreeing with the outcome would not be enough.
After taking detailed instructions, we established that the client had completed all relevant offending behaviour work, maintained good behaviour in custody, had a realistic release plan and had fully completed his sentence plan. Despite this, the prison continued to rely on historic risk factors without identifying any clear reason why progression to open conditions should be refused.
We reviewed the re-categorisation decision, prison records, sentence plan, risk assessments and behaviour history. We concluded that insufficient weight had been given to the client’s progress in custody and prepared detailed written representations addressing the correct re-categorisation test and why Category D was now appropriate.
We also obtained supporting letters from the client’s family, helping demonstrate the support available to him in the community. The value we added was in identifying the weaknesses in the refusal decision and presenting the client’s progress in a structured and persuasive way.
Case Study 2: Advising Against a Premature Application
The client’s family contacted us because they wanted advice about whether he could apply for re-categorisation and move to open conditions. They were understandably focused on getting him closer to release and wanted to know whether the prison’s position could be challenged.
After reviewing the client’s sentence stage, prison behaviour, completed work and outstanding sentence plan targets, we advised that an immediate application was unlikely to succeed. Rather than making a premature application, we explained what still needed to be done to improve his prospects at the next review.
In this case, the client needed to complete the Building Choices offending behaviour programme but first had to transfer prisons. The family instructed us to assist and we contacted the prison, pressing for the transfer so he could complete the required work.
The client was transferred, completed the programme and received excellent feedback from the course facilitators. We then applied for a non-routine re-categorisation review, which was successful.
In some cases, we cannot recommend making an immediate application. Instead, we advise clients and their families on the steps that will place them in the strongest possible position when the time is right.
Case Study 3: Successful Application for Open Conditions
The client was serving a seven-year determinate sentence for a serious sexual offence and wished to progress to open conditions as he approached his conditional release date. Although he had completed significant rehabilitative work, he was concerned that the nature of his index offence would prevent the prison from fully recognising the progress he had made.
The client had previously instructed us to challenge a negative entry on his prison record which he believed would affect his application. We successfully challenged the entry before preparing detailed representations in support of his application for Category D status.
We reviewed the client’s sentence progression, prison records, course completions, behaviour in custody and future release plans. The client had completed the Horizon Programme, fulfilled the objectives within his sentence plan, maintained excellent behaviour in custody, held Enhanced status with a trusted prison role and had realistic accommodation and employment plans on release.
Our written representations linked the client’s progress directly to the criteria for Category D status and explained why open conditions were the appropriate next step. We also kept his family informed throughout the process and obtained their input on the support they could provide following release.
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Understanding Re-categorisation
Most prisoners are eligible for re-categorisation and will normally be considered as part of routine review processes, although non-routine reviews may also be requested where there has been a significant change in circumstances or evidence of exceptional progress.
The timing and criteria for re-categorisation vary depending on the type of sentence being served. Determinate sentence prisoners, IPP prisoners and life sentence prisoners are all subject to different rules and progression expectations, particularly when being considered for transfer to open conditions or Category D status. Eligibility for Category D will depend on a number of factors, including the nature of the offence, sentence type, risk assessment, behaviour in custody and whether open conditions are considered necessary and appropriate to test a prisoner’s release plans.
Navigating the re-categorisation process can be complex, and eligibility is rarely straightforward. If you are unsure whether you are eligible for re-categorisation, transfer to a lower security category or Category D status, Reeds can assess your individual circumstances, advise on your prospects and provide expert representation throughout the review process.
A successful re-categorisation can be a significant step forward in your sentence progression. Depending on your individual circumstances, it may result in a transfer to a lower security prison, providing access to a wider range of opportunities for work, education and rehabilitative programmes. For many prisoners, re-categorisation is an important milestone on the pathway towards open conditions, where greater levels of independence and personal responsibility can be demonstrated.
Progression to a lower security category can also assist with preparation for release by allowing prisoners to develop and evidence the skills needed for successful reintegration into the community. In appropriate cases, progression to open conditions may lead to eligibility for Release on Temporary Licence (ROTL), enabling prisoners to undertake work, training, family visits and other activities in the community. Importantly, successful re-categorisation can provide valuable evidence of reduced risk and positive progression, helping to strengthen future parole reviews and applications for further progression through the prison system
When someone enters the prison system, they are assigned a Security risk category.
Security Categorisation is a risk management process, the purpose of which is to ensure that those sentenced to custody are assigned the lowest security category appropriate to managing their risk of:
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- Escaping or absconding;
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- Harm to the public;
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- Ongoing criminality in custody;
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- Violent or other behaviour that impacts the safety of those within the prison; and
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- Control issues that disrupt the security and good order of the prison.
Effective security categorisation is fundamental to risk management and ensuring good order is maintained.
Individuals are then assigned to the lowest security category appropriate to managing their risks:
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- CATEGORY D (Adult Men), and Open (Young Adults): Offenders who are either assessed as presenting a low risk or who’s previously identified risk factors are now assessed as manageable in low security conditions.
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- CATEGORY C (Adult Men): Offenders who are assessed as requiring standard closed conditions, and do not need additional security.
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- CATEGORY B (Adult Men): Offenders whose assessed risks require that they are held in the closed estate and who need security measures additional to those in a standard closed prison.
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- Closed (Young Adults): Offenders assessed as requiring standard closed conditions and are not appropriate for open conditions.
Some women, men and young adults may be held in a Category A (high security) prison. These people are deemed the biggest risk to the public, police or national security.
If you would like a more detailed explanation of how prison security categories work and how re-categorisation reviews are carried out, read our insight article, The Process of Re-categorisation Reviews.
Unfortunately, Legal Aid is no longer available for most prison re-categorisation matters for those serving determinate (fixed term) sentences, meaning that many prisoners are required to seek advice and representation on a privately funded basis.
At Reeds, we understand that funding legal assistance can be difficult for prisoners and their families, particularly when finances are already under strain. We are committed to providing clear, practical advice about costs from the outset and, wherever possible, offer fixed-fee services so that clients know exactly what they will be paying with no unexpected charges. Whether you require an assessment of your eligibility for re-categorisation, assistance with written representations or advice following an unsuccessful review, we can provide tailored private funding options designed to make expert legal support as accessible as possible.
It should be noted that there are exceptions to this and that Legal Aid is available for CATA reviews and CATD reviews for those serving Indeterminate sentences such as Lifers and IPP sentences.
Frequently Asked Questions
The frequency of security category reviews depends on the type of sentence, length of sentence and the time remaining to serve until release.
If the prisoner is unhappy with the categorisation, they may appeal it. There would need to be specific grounds in order for an appeal to be worthy of merit.
A reconsideration would be appropriate if:
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- Policy has not been followed, or
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- Relevant information available at the time was not considered, or
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- Information relied upon is factually incorrect, or
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- Any other reason is considered appropriate by the manager.
Every prisoner has the right to appeal. Prisons also have a legal duty to provide a full explanation of why someone is placed in a category.
The first stage would be to obtain a copy of the written decision, the Recategorisation Assessment Form, previously known as an RC1. Following this the prisoner can submit a COMP1 form and provide reasons why they feel the decision is incorrect. If when a reply is received, the prisoner continues to remain unhappy with the decision then a COMP1A can be submitted.
The Prisoner can also instruct a Prison Lawyer to assist in what to include in the COMP1 / COMP1A initially, and then to provide full representations to the prison to appeal against the decision on their behalf.
Instructing a Recategorisation Solicitor to do this on your behalf means that we can quote the relevant guidance to the prison, quote caselaw and challenge the decision in a professional way.
For information purposes, the relevant descriptions are:
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- Category A: those whose escape would be highly dangerous to the public or the police or the security of the State and for whom the aim must be to make escape impossible.
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- Restricted Status: any male young person or young adult, convicted or on remand, whose escape would present a serious risk to the public and who is required to be held in designated secure accommodation.
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- Category B (Adult Men): Offenders whose assessed risks require that they are held in the closed estate and who need security measures additional to those in a standard closed prison, but not to the level to that of a Category A prisoner.
A determinate sentence individual is generally eligible for consideration for Category D/Open at initial categorisation if:
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- They are serving a standard determinate sentence (they do not have a Parole Eligibility Date – PED) and they have less than 3 years left to serve to automatic release (Conditional Release Date – CRD), or;
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- They are serving a determinate sentence with a PED and have less than 3 years left to serve to earliest release (PED), and;
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- In either case (with or without a PED), they are not a Foreign National Offender where there is both a deportation order against the individual and their appeal rights from the UK have been exhausted (see Foreign National Offenders section). In addition, the individual must be assessed as:
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- low risk of absconding;
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- low risk of harm to the public;
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- unlikely to continue criminality while in custody;
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- unlikely to otherwise abuse the low security or disrupt the good order of the open estate.
If a prisoner does not meet the required criteria at the initial category review for Open conditions, then they will be reviewed at regular intervals throughout their sentence.
Prisoners with more than 3 years to serve until CRD (conditional release date) will have their Categorisation reviewed annually. Prisoners with less than 3 years to serve will be subject to a review every 6 months.
After the initial sentencing, the first security category assessment must be completed as soon as possible to enable transfer to an appropriate prison within 10 working days of sentencing. There must be processes in place to ensure that those who need to contribute to the risk assessment do so in a timely manner.
From then on, the guidance states that Prisoners with more than 3 years to serve until their CRD (conditional release date) will have their Categorisation reviewed annually. Prisoners with less than 3 years to serve will be subject to a review every 6 months.
The process should automatically commence when the prisoner reaches eligibility. It is the POM who instigates the Recategorisation Review.
Despite this, there may be delays in the process which we can assist with.
Being on remand means that a person will remain in prison until the start of their trial. This may occur for several reasons, such as:
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- If someone has previously been convicted
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- The court thinks there is a risk they may not attend the hearing
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- The court thinks that they may commit a crime while on bail
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- They have violated the terms of a previous bail
With the exception of a Cat A prisoner, the person on remand will not be assigned a category. Whilst they remain unconvicted they remain unclassified.
Typically, people categorised as Cat U will be held in a local prison under Category B.
A review of categorisation does not guarantee that the prisoner will be placed in a lesser category. Typically, reviews are set at regular intervals of either six months of one year, depending upon length of sentence, type of sentence and how long they have left to serve.
However, exceptional circumstances (such as, a change in behaviour, new information, or any other major change) can mean that the security category could be reviewed.
There will be a review every six months if:
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- They are serving a determinate sentence and have less than 3 years until conditional release date.
There will be an annual review if:
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- They are serving an indeterminate sentence.
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- They have more than 3 years to serve until CRD.
Any decisions regarding recategorisation must be fair and according to policy. Our solicitors will help to ensure that the client is being treated fairly and all policies are being followed to standard.
The reviewer will consider several different factors and individual risk assessments. This includes:
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- Any previous convictions
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- Current offence(s)
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- Custodial record
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- OASys (if applicable) or the Pre-sentence Report (PSR)
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- Prisoner Escort Record (PER)
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- Security Department’s assessment of evidence
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- Public Protection information (if applicable)
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- Any relevant information the police may have
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- Outcomes of ROTL
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- Behaviour and attitude
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- Previous compliance
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- Risk reduction work completed during the sentence
Prisons should, wherever possible, support individuals to make representations in advance of their scheduled categorisation review. Where representations are received, these must be considered as part of the assessment process.
Contact our specialist team immediately if you, or someone you know, is facing Recategorisation and would like to appeal.
Call us today on 01865 592670 to discuss your case or complete enquiry form on our contact page here. Alternatively please email [email protected]
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