Recall to Custody
When a person is released from prison on license or on parole, they will be provided with a copy of their license, including all the conditions attached to their release.
If any of these conditions are breached, they risk being recalled to prison to serve the remainder of the sentence.
A person may be recalled to prison if:
- They breach any of the license conditions attached to their release;
- They commit a further offence during their license;
- They are charged with another offence during the term of their license;
- The person is behaving in such a way that their Offender Manager (the person responsible for their supervision) reasonably believes that they will go on to commit a further offence – for instance, behaviour that involves heavy drinking or the use of drugs.
There are three types of recall. The length of time the prisoner must spent in prison depends on the type of recall to which they are subject.
Following a person’s recall to prison they will be provided with full reasons for their recall. The prisoner will have the opportunity to make full representations to the parole board within 2 weeks of the prisoner being given full reasons for their recall and we can help with preparing these representations.
- Order the prisoner’s immediate release back into the community on license;
- Refuse the prisoner’s immediate release but order a future review for the prisoner to be released at a later date;
- Make no recommendations at all;
- Send the prisoner’s case forward to a full oral hearing.
We can help with an application for parole at the next review and representing the prisoner at the oral hearing. Please see further information on our Application for Parole page.
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We are known for our tenacity when representing those engaged in challenging the State or defending themselves against a prosecution.
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