Recall Challenges
Being recalled to prison can happen quickly and can have a significant impact on a prisoner and their family. In some cases, a person may dispute the allegations behind their recall, believe that information relied upon is inaccurate, or simply be unclear about why they have been returned to custody.
At Prisoner Rights Legal Services, we help prisoners and their families understand the circumstances surrounding a recall and prepare detailed written representations where there are grounds to challenge, clarify or reconsider the information being relied upon.
What is Recall to Prison?
A prisoner released on licence remains subject to licence conditions for the relevant period of their sentence. If concerns arise regarding compliance with those conditions or the management of risk in the community, they may be recalled to custody.
Recall can arise for a number of reasons, including alleged breaches of licence conditions, concerns regarding behaviour, failure to maintain contact with Probation, allegations of further offending or changes in the assessed level of risk.
However, the circumstances surrounding every recall are different. It is important that the information being relied upon is accurate and that the prisoner understands the reasons for the decision.
Reasons a Recall May Need to be Challenged
There may be grounds to make representations where:
- allegations relied upon are disputed;
- factual information is incorrect or incomplete;
- relevant evidence has not been considered;
- there has been a misunderstanding concerning compliance with licence conditions;
- information provided by third parties is disputed;
- the prisoner’s circumstances have materially changed;
- risk information requires clarification;
- release planning has not properly considered available accommodation, employment or family support; or
- there are unexplained delays following return to custody.
The appropriate approach will depend upon the type of recall, sentence and individual circumstances.
Understanding the Reasons for Recall
One of the first steps is establishing precisely why the recall occurred.
We can help clients identify and review the information available concerning the recall, including relevant recall documentation, licence conditions, Probation information and other records where available.
Where information appears inaccurate or requires clarification, we can prepare written correspondence and representations addressing those matters directly.
Challenging Incorrect Information
Recall decisions can have serious consequences. Where information relied upon is incorrect, it is important that the prisoner’s account and supporting evidence are properly recorded and considered.
We can prepare detailed representations identifying disputed information, explaining the prisoner’s position and providing supporting material where available.
This may include evidence concerning accommodation, employment, family support, compliance with Probation, communications with supervising officers or the circumstances surrounding an alleged breach.
Frequently Asked Questions: Your Recall Challenge Questions Answered
Can a prisoner challenge the reasons for their recall?
Where a prisoner disputes allegations or believes inaccurate information has been relied upon, representations can be made setting out their position and providing supporting evidence.
What if the alleged licence breach did not happen?
The prisoner’s account should be clearly recorded and supported by evidence wherever possible. We can help prepare representations addressing the allegation and identifying information which contradicts or qualifies it.
Can incorrect information from Probation be challenged?
Yes. Where factual information is disputed, representations can be made requesting that the information is reviewed, clarified or corrected where appropriate.
What information should I provide?
Any recall paperwork, licence conditions, Probation correspondence, release documents and evidence relevant to the alleged breach or risk concerns can be useful.
Can PRLS guarantee that a recall will be overturned?
No organisation can guarantee the outcome of a recall challenge. Our role is to ensure that the prisoner’s position is clearly presented, relevant evidence is identified and disputed or inaccurate information is properly challenged.
Can you assist with a RARR application to PPCS?
Yes. We can assist with preparing and submitting written representations to the Public Protection Casework Section (PPCS) requesting consideration of release under the Risk Assessed Recall Review (RARR) process. This can include presenting relevant information about risk, compliance, accommodation, support in the community and other factors relevant to whether continued detention remains necessary.
What To Do Next
If you or a loved one has been recalled to custody and you believe the circumstances need to be challenged or clarified, acting promptly can be important.
Prisoner Rights Legal Services can review the circumstances, identify the issues requiring attention and prepare detailed written representations on the prisoner’s behalf.
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