Changes to Fixed Term Recalls

The Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act, 2012, includes changes in the eligibility of Fixed Term Recalls (FTR).  This type of recall is applied to those who breach licence conditions and where a warning is not appropriate, leading to the licence being revoked and being returned to prison, then automatically released after 28 days.  Previously there were more restrictions on eligibility,
now it can be considered for those who are serving a sentence for a sexual or violent offence as listed in Schedule 15 of CJA 2003, having a previous FTR on current sentence and those subject to Home Detention Curfew.  However, it is important to note that this will still be dependant on decisions being made dependant on the levels of risk and if this could be managed in the community.

There could be benefits from increasing the number of people eligible for this type of recall.  There are occasions whereby although an individual has breached their licence conditions, they could be safely re-released after a shorter period of time.  Thereby the FTR could mark the breach and enable time to strengthen the risk management plan such as return to Approved Premises or additional licence conditions. 

It’s no secret that research shows that prison frustrates desistance due to the loss of non-criminal connections, loss of employment, loss of accommodation and damage to relationships (e.g O’Brien, 2001).  It could be argued that a shorter period of returning to prison could reduce the negative impact of the recall on the positive factors in the individual’s life.  Therefore it may be more likely that the positive factors remain in place compared to a longer period of imprisonment.  However, even a short time in prison could cause damage to the positive factors in the individual’s life and therefore hinder desistance.

There could also be more imminent resource implications for the increased use of FTR.  There will be individuals who pose a high risk of serious harm after committing specified violent and sexual offences who are now eligible for FTR.  These individuals generally require risk management plans with more restrictions and interventions, thus requiring more time to implement plans.  This could be more difficult to arrange in a shorter space of time.

Another consideration could be that due to the shorter period of imprisonment, there may be a danger of FTR being considered more readily than a final warning or alternatives to recall.  An example could be that a short term return to custody may be perceived as safer, or more defensible than alterations to risk management in the community.  I’m not sure if this would actually happen, but it will be interesting to see if there is an increase in the numbers of recalls with this change in eligibility to FTR.