Licence conditions and recall — indeterminate sentences

What does being on licence mean?

When you are released you may be ‘on licence’.

This means you have an allocated Community Offender Manager (COM) and conditions which you must follow. If you do not follow these conditions you could be returned to prison.

Being on licence is sometimes called being ‘on probation’ or ‘under supervision’. Your COM is sometimes called your ‘probation officer’ or your ‘supervising officer’.

How long will I be on licence?

If you are serving a life sentence you will be on licence for life after you are released from custody.

If you are serving an IPP sentence, you will be on licence indefinitely after your release from custody. You can apply to the parole board to have your licence removed after ten years.

What are licence conditions?

Licence conditions are the rules which you must follow when you are on licence. If you do not follow these conditions you could be returned to prison. This is called recall.

Your licence conditions will be proposed by your Community Offender Manager (COM) but will be agreed by the Parole Board. In some cases, the final decision will be for the Secretary of State to make.

Your licence conditions will be written on your licence document which you will be given when you are released. You will be asked to sign this to show you understand the conditions.

There are standard licence conditions which apply to everyone. There are also additional licence conditions which can be requested if your COM thinks they are needed.

Licence conditions are covered in detail by the Licence Conditions Policy Framework.

Standard licence conditions

The following are standard licence conditions and will be on every licence.

During your licence period you must:

a)    be of good behaviour and not behave in a way which undermines the purpose of the licence period;

b)    not commit any offence;

c)    keep in touch with the supervising officer in accordance with instructions given by the supervising officer;

d)    receive visits from the supervising officer in accordance with instructions given by the supervising officer;

e)    reside permanently at an address approved by the supervising officer and obtain the prior permission of the supervising officer for any stay of one or more nights at a different address;

f)     not undertake work, or a particular type of work, unless it is approved by the supervising officer and notify the supervising officer in advance of any proposal to undertake work or a particular type of work;

g)    not travel outside the United Kingdom, the Channel Islands or the Isle of Man except with the prior permission of your supervising officer or for the purposes of immigration deportation or removal.

h)   tell your supervising officer if you use a name which is different to the name or names which appear on your licence.

i)   tell your supervising officer if you change or add any contact details, including phone number or email.

Additional licence conditions

You may also have additional licence conditions if your Community Offender Manager requests this and the Parole Board agrees it is necessary and proportionate to do so.

The following categories of licence condition could be added to your licence:

• residence at a specified place;
• restriction of residency;
• making or maintaining contact with a person;
• participation in, or co-operation with, a programme or set of activities;
• possession, ownership, control or inspection of specified items or documents;
• disclosure of information;
• curfew arrangement;
• freedom of movement;
• supervision in the community by the supervising officer, or other responsible officer, or organisation.
• restriction of specified conduct or specified acts;
• extremism;
• polygraph condition
• drug testing conditions
• electronic monitoring conditions

 Within each category there are different types of licence condition which your offender manager could add to your licence. You can find these in the Licence Conditions Policy Framework.

The Parole Board must agree that any request for additional licence conditions made by your COM must make sure that a request is necessary and proportionate. The Licence Conditions Policy Framework defines this criteria in the following way:

 Your offender manager must make sure that a request for additional licence conditions is necessary and proportionate. The defines this criteria in the following way:

Necessary: Any licence condition requested must have been identified as a way to manage a specific risk or issue posed by the individual, without limitation to the current index offence;

Proportionate: Any licence condition must be the least intrusive means of enabling that management.

Some victims have the right to have their views considered about what conditions they think you should be subject to, and to be told about relevant conditions which are included in your licence. There is more information about this in the Licence Conditions Policy Framework.

Approved Premises

Your COM can include residing in Approved Premises as part of the residence conditions of your licence. They might do this if they think it will help to manage any risks when you return to the community.

Refusing to do stay at an Approved Premises would be considered a breach of your licence and you could be recalled to prison. You can find more information in our Approved Premises information sheet, and in PI 32/2014 Approved Premises.

Use of computers and mobile phones

Under additional condition 5) there are a number of restrictions which could be added to your use of devices such as mobile phones and computers.

For example, you may not be allowed to have more than one mobile phone, or any device with a camera function. You may be expected to make devices such as computers and phones available for inspection and told not to delete internet history information. You may be restricted from using any computer or device which is internet enabled without the prior agreement of your COM.

Exclusion zones

You may have an exclusion zone included in your licence. This means you cannot enter a specific area whilst on licence. This could be based on where previous victims live or locations that are linked to offending behaviour.

The Policy Framework states that ‘exclusion zones must have clear boundaries that can be understood on the ground.’ You should speak to your COM if you do not understand an exclusion zone or have a concern about access to something within it such as a hospital.

Terrorist/Extremism Related Licence Conditions

Your COM may request use of specific terrorism/extremism related conditions if they belief you pose a risk in this area. You do not have to have been convicted of a terrorist or extremism related offence. There is more information about these conditions and their use in Annex A of the Licence Conditions Policy Framework.

Polygraph examinations

Polygraph examinations can be included as a licence condition for people convicted of relevant sexual offences and people convicted of relevant terrorist and terrorist connected offences. There is more information in the Polygraph Examinations Policy Framework.

Drug testing

A drug testing condition can only be added if you have a history of misusing illegal drugs and there is a reason to believe that this is linked to offending behaviour. There is more information in PSI 32/2014 Drug appointment and drug testing.

Electronic monitoring

Electronic monitoring, also known as ‘tagging’, is used to monitor conditions such as curfews and exclusion zones. It means having a ‘tag’ attached to you, usually on your ankle, and a monitoring unit installed in your agreed place of residence.

The Electronic Monitoring Service (EMS) will check the information from your tag and tell your COM if there is any indication you are breaching your licence condition. If you have any problems or questions about your electronic tag, you should contact EMS on 0800 137 291.

Electronic monitoring can now be included as a licence condition for a wider range of people, including with indeterminate sentences.

Alcohol monitoring

Alcohol Monitoring (AM) conditions are available for adults where alcohol is considered a risk factor in their offending and for any sentence type which has at least 30 days remaining on the licence period.

There are two types of alcohol monitoring licence conditions:

• You must not drink any alcohol until [licence end date]. You will need to wear an electronic tag all the time so we can check this.
• You will need to wear an electronic tag all the time until [licence end date] so we can check how much alcohol you are drinking, and if you are drinking alcohol when you have been told you must not. To help you drink less alcohol you must take part in any activities, like treatment programmes, your probation officer asks you to.

An alcohol tag is a device that is securely fitted to your ankle. It monitors for the presence of alcohol by taking a sample of sweat every 30 minutes, 24 hours a day. The information is uploaded to the Wireless Base Station, which will occur at an agreed time daily. The information from the tag will show if you have been drinking alcohol, or if you have attempted to obstruct or remove the tag.

Even if you do not have an Alcohol Monitoring condition, you should be aware that the condition to ‘be of good behaviour’ could be enough to justify recall if your behaviour or risk after consuming alcohol is unacceptable. You should also be aware that complying with alcohol testing could be a condition of an Approved Premises. Being evicted from an Approved Premises for consuming alcohol could result in being recalled to prison.

Bespoke conditions

Your supervising officer may decide that the wording of the standard or additional licence conditions are not enough to manage a specific risk. They may make an application to the Public Protection Casework Section (PPCS) for a bespoke condition to be used.

Can I travel abroad whilst on licence?

Temporary travel abroad

The standard licence conditions mean that if you want to travel abroad for any reason including a seeing family, for business reasons, or for a holiday, you must get permission from your offender manager first.

You should be aware that it can be difficult to get permission to travel abroad, particularly in the early stages of your licence.

The Travel and Transfer on Licence and PSS Outside of England and Wales Policy Framework sets the following criteria for temporary travel abroad:

A. Does the individual need to travel abroad to undertake the activity?

B. Will the benefits to the individual of travelling abroad be realised if the travel is deferred until after the end of the licence and PSS period (for individuals subject to determinate sentences) or suspension of the supervision element of the licence (for individuals subject to indeterminate sentences)?;

C. Are travel or activities carried out abroad connected or potentially connected to the individual’s index offence (e.g. importation of drugs; fraud involving companies set up outside of the United Kingdom; human trafficking)?;

D. Will the travel interfere with the sentence plan or:

1. 1. During a licence period: increase any risk of re-offending or risk of serious harm, including risk of serious harm to prior victims, or risk to the individual themselves?;
   2. During a PSS period: deter from the rehabilitation of the individual, and interfere with the reestablishment of family/community ties?;

E. Will the travel interfere with reporting requirements or attendance at offending behaviour programmes or interventions?;

F. Have there been any concerns regarding a lack of compliance or any escalation in risk of reoffending or risk of serious harm in the past 12 months?;

G. Is the Senior Manager satisfied that the individual can be trusted to return and resume the supervisory period?

Note that the Policy Framework states that ‘there is an expectation with both types of external travel that the individual will have been in the community for a period sufficiently long enough that the understanding of risk can be updated and so more accurately considered against the criteria for travel where needed.’

Permanent resettlement abroad

The Travel and Transfer on Licence and PSS Outside of England and Wales Policy Framework sets out the following criteria:

A. Does the individual hold the nationality or have strong residential ties in the place s/he wishes to resettle, including, but not limited to, any compassionate reasons? If the answer to criterion a is ‘no’ then the application should be refused.

B. Is the individual’s index offence connected or potentially connected with the country s/he wishes to resettle in, or is generally connected with overseas activities? (e.g. fraud involving companies set up outside of the United Kingdom; sexual offences against children and wishes to travel to a country known for child sexual exploitation; people trafficking; extremism with potential or actual international links). If the answer to criterion b is ‘yes’, then the application should be refused.

C. Would the protection of the public (including victims), reduction in the risk of reoffending and rehabilitation of the individual be undermined by such resettlement? If the answer to criterion c is ‘yes’, then the application should be refused.

D. Have there been any concerns regarding a lack of compliance or any escalation in risk of reoffending or risk of serious harm in the past 12 months?; If the answer to criterion d is ‘yes’, then the application should be refused.

If you are considering making a request there is more information in the Policy Framework.

There is also a very helpful explanation on Unlock’s Information Hub titled Resettling abroad whilst on licence. http://hub.unlock.org.uk/knowledgebase/travelling-licence/

Licence variation and licence authorisation

It is possible for your COM to make changes to additional licence conditions once you are in the community, on a temporary or permanent basis.

Licence variation

Licence variation is where your COM applies to the decision maker for a change to additional conditions in your licence after you have been released from custody.

Additional licence conditions must continue to be both necessary and proportionate to remain on your licence. You COM may therefore need to add or remove licence conditions as things change over time.

For example, it may be necessary to alter or remove a curfew requirement to enable you to engage in some employment.

The process for applying for a licence variation is set out in the Licence Conditions Policy Framework.

Licence authorisation

Licence authorisation is where your COM gives permission for a temporary change to an additional licence condition. Many additional licence conditions include wording like “without prior permission of your supervising officer” which allows for this.

A licence authorisation should be used for exceptional circumstances only. It should only be approved where all other options have been explored and deemed unsuitable.

It should only be used for a specific reason. For example, a request for permission to attend a funeral taking place within your exclusion zone.

Where it is likely that the permission would be required on a repeated basis then a licence variation request is more appropriate.

There is more information about licence variation and licence authorisation in this guidance from the Ministry of Justice – Variation and Authorisation: Changing and managing Licence Conditions Following Release.

What can I do if I am unhappy with my licence conditions?

If you are unhappy with a licence condition you can:

Ask to speak with your offender manager about this

It may be helpful to explain to your offender manager why you are unhappy with the conditions and see if they will reconsider this.

Make a complaint about the licence condition

If you have spoken to your offender manager and still think your licence conditions are unnecessary or disproportionate, you can make a complaint. Your initial complaint should be made to the relevant probation service. Our information sheet about Probation Complaints has more information about how to do this.

If you are still unhappy after following the internal complaints process you can then ask the Prison and Probation Ombudsman to investigate it.

Get legal advice

It may be worth speaking to a solicitor to see if you can get any legal support challenging licence conditions. If you are in prison and need details of local solicitors, our Advice and Information Service can look for this information for you.

What happens if I do not follow my licence conditions?

If you do not follow your licence conditions you could be returned to prison. This is called being ‘recalled’.

Considerations for recall

The Recall, Review and Re-Release of Recalled Prisoners Policy Framework gives details about the things that should be considered when deciding whether to request recall of someone serving an indeterminate sentence:

‘Offender managers must demonstrate a “causal link” in the current behaviour that was exhibited at the time of the index offence. One of the following criteria must be met when assessing whether to request the recall of an indeterminate sentenced offender:

i. Exhibits behaviour similar to behaviour surrounding the circumstances of the index offence;

ii. Exhibits behaviour likely to give rise (or does give rise) to a sexual or violent offence;

iii. Exhibits behaviour associated with the commission of a sexual or violent offence; or

iv. Is out of touch with the offender manager and the assumption can be made that any of (i) to (iii) may arise.’

As well as meeting at least one of the above criteria, offender managers ‘must ensure that there is evidence of increased risk of harm to the public’.

The decision to recall must be based on your behaviour whilst on licence.

If there is an allegation of further offending, your offender manager can request recall based on your reported behaviour even if you have not been charged or if a police investigation is still taking place.

The Policy Framework also says:

‘The test for recall does not require the criminal standard of evidence, and it is instead based on the offender manager’s professional judgement as to whether, on the balance of probabilities, the reported behaviour has taken place.’

What happens after I am recalled?

The prison should tell the Public Protection Casework Section (PPCS) that you have returned to custody immediately.

You should be told the reasons for being recalled. This information is in paperwork called your ‘recall dossier’.

Your recall dossier is given to the prison by PPCS, This should happen within one working day of PPCS being told that you have been returned to custody.

The prison should then give you a copy. This should happen within one working day if the prison receiving the recall dossier from PPCS.

Re-release after recall

If you have been recalled on an indeterminate sentence your re-release can only be directed by the Parole Board.

The process is similar to Generic Parole Process for indeterminate prisoners, but over a shorter period of time.

It is important to speak to a solicitor as soon as possible to get help with this. You should be given a list of legal aid lawyers. You should also be given the opportunity to make a legal telephone call within two working days of receiving the recall dossier.

The first stage of the review is a Member Case Assessment. This is when one Parole Board member reads your dossier to see if there is enough information to make a decision. This is sometimes called making a decision ‘on the papers’.

You will receive a written letter about what decision has been made at this stage.

If you are given a negative decision, you have 28 days from the date of the decision to ask for an oral hearing. You or your solicitor can do this by writing to the Parole Board. If you do not ask for an oral hearing within 28 days, the decision becomes final and you will stay in prison until you are eligible for a further parole review.

If the Parole Board does not direct release, the Public Protection Casework Section will confirm the date of your next review. This must be within two years but could be sooner.

There is more information about Parole Reviews in our information sheet The Parole Boards and Parole Reviews and in Generic Parole Process Policy Framework.