ROTL Solicitors: Applications and Appeals

ROTL Solicitors: Applications and Appeals

Our expert team of Return on Temporary Licence (ROTL) solicitors and advisors at Reeds can help those in prison with ROTL applications or appeals.  ROTL is typically used to help prisoners prepare for release. There are variations and in some cases prisoners may be released temporarily for extenuating circumstances.

Applying for ROTL is an important step for most prisoners as it allows for them to prepare for their life outside of prison.

If you or someone you know, would like to apply for or appeal ROTL, contact our team today on 01865 592670 or complete enquiry form on our contact page here. Alternatively please email prisonlaw@reeds.co.uk

Applications and Appeals

Release on Temporary Licence is usually granted towards the end of a person’s prison sentence. The circumstances for ROTL and applications differ between person and prison.

The application and appeals process can be complex. At Reeds, our team of prison law advisors will help a person to get the best chance of being granted ROTL. We can help those applying for ROTL and advise on appeals for rejected ROTL appeals.

Contact Us

We understand the need to work or see loved ones during time in prison. The complexities of applications and appeals can often be overwhelming. Contact our ROTL solicitors today for help with appeals or applications.

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

Nicola Maynard - Reeds Solicitors
Nicola Maynard

Partner, Solicitor & Head of Prison Law

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.

Get in touch

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FAQ

Return on Temporary Licence gives a prisoner the opportunity to leave the prison for a short, specified period of time. Not every prisoner is eligible for ROTL.

There are different forms of ROTL including:

Resettlement Day Release (RDR)

A RDR means the prisoner is released and returns to prison within the same day. This may happen if:

    • They are working – paid or unpaid

    • To see family

    • For training or educational purposes

    • For activities that aid with resettlement

For men that are in open conditions, after a sentence plan and risk assessment, they will be eligible for RDR.

For women’s prisons, they must be categorised as ‘suitable for open conditions’ and complete their sentence plan and risk assessment to be eligible.

There are other circumstances which could allow for a prisoner to have a RDR. Speak to our advisors today to find out more.

Resettlement Overnight Release (ROR)

RORs are similar to RDRs, but they allow the prisoner to remain outside of prison overnight. For most circumstances there is a four night maximum.

For those in open conditions, they can apply for RORs. Usually, multiple successful RDRs will have been had prior to ROR being granted.

Prisoners in Category A or B will not be eligible for ROR.

Childcare Resettlement Licence (CRL)

To qualify for this, a person must prove that they were the primary or sole carer for a person under 18 years of age when they entered prison. This can be applied for at any time during a sentence.

CRL can be taken at most for one day a week, this includes one period of overnight release for every 28 days. As with ROR, the overnight release has a maximum of four nights.

Special Purpose Licence (SPL)

A Special Purpose Licence allows the prisoner to be released for specific reasons. This can include things such as:

    • To visit dying relatives

    • The funeral of close family members

    • Medical treatment

    • Marriage or civil partnership

    • To attend court or other legal reasons

The time period for SPL is dependent on the agreed reason and it can be applied for at any time in a prison sentence. The maximum SPL is typically for four nights within a 28 day period.

Standard ROTL

Standard ROTL is for anybody that doesn’t fit into the restricted category.

Restricted ROTL

Restricted ROTL applies to prisoners in specific circumstances. These include:

    • Those serving indeterminate sentences

    • Those serving an Extended Determinate Sentence

    • They are an offender of particulate concern

    • They are assessed as a high or very high risk of harm

The restricted rules that will be put in place if a prisoner is one or more of the above include:

    • Need to be in an open prison to be granted ROTL

    • The Governor or Deputy Governor will make the decisions about ROTL

    • The ROTL board will be chaired by a senior manager

    • The prisoner’s offender manager and the police will be consulted

    • A higher level of monitoring will be put in place

    • Some prisoners may need Enhanced Behaviour Monitoring

The prison may decide to accompany the prisoner on their release if they deem it necessary.

There are several circumstances that allow someone to be released temporarily. The most common ways people are released on temporary licence are:

    • To take part in work – either paid or unpaid

    • To see children if the prisoner was their sole carer before they entered prison

    • A family member is seriously ill

    • To settle into the community before they are released

Release on Temporary Licence is a privilege, and unfortunately some people may not be eligible for any form of ROTL. This may be if the prisoner is:

    • A Category A or restricted status

    • They are an escape risk

    • They are on remand or unsentenced

    • They are sentence but remanded for further charges or sentencing

    • They are subject to extradition

    • They are held on behalf of the International Residual Mechanism for Criminal Tribunals

    • Those who are Category B prisoners won’t be eligible for RDR or ROR

After an application has been made, a risk assessment should be carried out. This may include contacting probation officers, the police or the Home Office. The risk assessment is performed by a ROTL Board; this is made up of a manager, a personal officer (or prison officer with knowledge of the case) and an offender supervisor/manager.

The Board will decide the prisoner’s suitability for ROTL. If they decide to go ahead with the ROTL, it will then be passed on to the Governor.

The Secretary of State is responsible for decisions about ROTL, however, the Governor will usually act on their behalf.

It is possible for a prisoner to be recalled back to prison whilst on temporary release. The prison will monitor the ROTL and a person may be recalled if they don’t believe it is safe for someone to remain on licence.

If a person is arrested while on ROTL they must be recalled.