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There are a number of options open to the Community Probation Service (CPS) for dealing with offenders who do not comply with the conditions of their release.  One of the options is to apply to the Board to have the offender recalled to continue serving their sentence in prison.  The offender can be recalled to prison at any time up to their statutory release date (in most cases this is the same date that the offender’s sentence ends).  Once the offender’s statutory release date has passed they cannot be recalled to prison even if they are still subject to release conditions (which can run up to 6 months beyond their statutory release date).  (Read how many applications for recall were made last year).

The Department of Corrections can apply to the Board for an offender to be recalled to prison before their statutory release date on is that they:

• are an undue risk to the safety of the community, or any person, or class of persons
• have breached their release conditions
• have committed an offence punishable by imprisonment
• are subject to residential restrictions and either:
• • they are endangering the safety of anyone at their residence, or
  • the residence is no longer available, or
  • they no longer wish to be subject to residential restrictions.

The Police can apply for an offender to be recalled to prison on the ground that they are an undue risk to the safety of the community, or to any person or class of persons.

On receipt, a recall application is referred to a panel convenor who makes a decision on the papers, and without hearing from anyone whether or not to make an interim recall order.  The hearing to determine whether or not to grant the substantive recall application usually takes place within 14 to 28 days later.