Electronic tagging rules for early-release prisoners to be relaxed

An electronic tag on a released prisoner's ankle
The use of electronic tags for prisoners under early-release conditions has been in place in the UK since 1999 - Andrew Aitchison/Getty

Tagging rules for offenders released from jail are to be relaxed in the latest attempt by ministers to tackle the prison overcrowding crisis.

The Home Detention Curfew (HDC) scheme currently allows prisoners to be freed up to six months before their release date if they agree to be electronically tagged and remain at home for a set number of hours during the day and night.

Offenders who fail to abide by the rules are recalled to prison and banned for life from ever being able to benefit from the HDC scheme again.

However, under rule changes, which are set to be written into law, the Ministry of Justice (MoJ) has scrapped the lifetime ban and replaced it with a two-year ban, effectively giving prisoners a second chance to benefit from the scheme.

It is among a series of measures to tackle overcrowding in jails, including a separate early release scheme under which prisoners can be freed up to 60 days before their scheduled date.

Violent offenders sentenced to less than four years in jail are eligible for this scheme, as are burglars, thieves, shoplifters and fraudsters serving any length of fixed-term sentence. Sex offenders, category A prisoners and all violent offenders serving four or more years are excluded.

It comes amid warnings that prisons could run out of spaces by next month. Last week, there were fewer than 250 places left in men’s jails although this has increased after Alex Chalk, the Justice Secretary, increased the early release time from 18 to 35 and potentially 60 days.

The HDC scheme was expanded last year to allow hundreds of criminals serving sentences of up to four years to be released up to six months early. The MoJ sanctioned an extension in the time that offenders released from prison can spend at home, wearing an electronic tag, from 135 days to 180 days.

People convicted of violent, sexual or terrorism offences will continue to be excluded from HDC, as will prisoners subject to a parole review before release and foreign national prisoners who may face deportation.

Sources at the MoJ said the changes reflected the fact that HDC has been operating since 1999, so there is now a large group of people who have been recalled for breaches of the rules at some point in the past, but may now be trusted to comply.

An MoJ spokesman said: “Home Detention Curfew has been running effectively for many years and applies to offenders who have been thoroughly risk-assessed and are subject to strict conditions, including wearing a tag. We keep all of our operational guidance under review to ensure it is effective and proportionate.”

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