A prison tag is the informal name for a Home Detention Curfew tag that is attached to a prisoner when they are under house arrest. It is typically attached around the ankle and allows the prison officers to monitor when and where the prisoner is, to ensure they are following the rules of their licence. The tag restricts the liberty of the offender, as they become subject to a nightly, electronically monitored curfew. If that curfew is broken, the sanction can be a return to prison.
A tag is often a method to ease overcrowding for those prisoners who are eligible. It provides a level of freedom that is not available inside a prison. Our team of solicitors can assist you in applying for a prison tag, as it can be a complicated process.
If you, a family member or friend are eligible for an HDC or Prison Tag, you will be given an HDC Eligibility Date. This does not mean a prisoner will automatically be released on this date. In our experience, the most common cause for delay in prison tag applications is that the process requires the communication and consent not only from the prison, but also from the Probation Service.
If you wish to consider applying for a tag, our experienced Prison Law solicitors at Reeds can not only assist you with the application itself by drafting representations, but can also attempt to minimise the delays caused by other agencies. We can also assist in appeals for those unfortunate in receiving a refusal.
Call us today on 01865 592670 to discuss your case or complete enquiry form on our contact page here. Alternatively please email prisonlawmb@reeds.co.uk
Unfortunately, Legal Aid is not available for this area, but our Prison Law Team can agree competitive fixed fees with you.
Am I Eligible for a Prison Tag?
You must meet certain criteria to be eligible to receive a prison tag; they are typically suited for people serving shorter sentences. The Governor will consider your sentence length, the offence(s) you have been charged with, any previous convictions and any other relevant factors.
To be eligible for a tag, the requirements are:
- Must be serving a sentence of imprisonment of at least 12 weeks. These provisions have recently changed. The requirement used to be that you were also serving a sentence of less than 4 years but this requirement has now been abolished. The requisite custodial period has to be served in order to be eligible. This is met when the offender has served at least a quarter of the sentence/a 28 day minimum.
- The offender must have an Electronically Monitored (EM) curfew for a minimum of nine hours a day. However, generally the curfew is 12 hours a day.
- Any age is applicable, including under 18s, Secure Training Centres and Secure Children’s Homes.
Not all prisoners meeting the above criteria will be able to be released on TAG, some may be statutorily excluded and others may be presumed unsuitable.
Those who will be statutorily excluded include: (this list is not exhaustive)
- those are serving a sentence of 12 weeks or less. This is because it takes at least 12 weeks to process the applications.
- Those who have been convicted of a violent or sexual offence and are serving an extended sentence or you are required to register as a sexual offender
- Those who are liable to be deported from Britain
- Those who are subject to Mental Health Act 1983 s37, s45A, s47 i.e. hospital order etc.
- Those who have a sentence for violating a temporary release
- Those who have a current sentence for failure to comply with a curfew order or Return on Temporary Licence (ROTL)
- If you have ever been recalled from HDC for a curfew violation, unless you successfully appealed this
- If you have ever had to serve a sentence under section 40 of the Criminal Justice Act 1991 or section 116 of the Powers of Criminal Courts (Sentencing) Act 2000.
- If your sentence is short enough that you would be tagged for less than 14 days.
Those who are presumed unsuitable include: (this list is not exhaustive)
- Anyone serving a sentence for terrorism, murder, explosives, possession of a firearm, possession of an offensive weapon (including bladed article)
- Anyone with a history of sexual offences but not required to sign on the sex offenders register
- Anyone recalled for poor behaviour whilst on HDC within 2 years.
- Foreign national prisoners liable for deportation but not yet served with a decision
- CAT A offenders
How Does the Prison Tag Work?
If it is decided you will receive tag, you may be released from prison up to 180 days early. The monitoring company will liaise with you and come and fit the tag, a small plastic device, usually to the ankle. Attempting to remove the tag yourself may result in being recalled to prison.
With electronic monitoring (EM) the monitoring company will be able to see your whereabouts and at what time. This is to ensure you are abiding by the rules of your house arrest.
Breaching these rules may result in your return to prison.
In most cases, the hours of your tag will be twelve hours. However, exceptions may be made for specific work. These hours must be agreed upon by your probation officer and the governor’s approval.
Different Types of Tags
There are three types of tags you may receive:
- Curfew Tag: tracks if you are at your designated address within curfew hours. If you are not, the tag will alert the necessary personnel
- Location Tag: this will provide information about your whereabouts at all times. The authorities may use it to ensure that you are not going to prohibited areas, you are attending appointments that are a requisite of your conditions or abiding by your curfew
- Alcohol Tag: this will measure the level of alcohol in sweat every thirty minutes. Consuming any alcohol will be recorded by the tag.
The court, prison governor or Parole Board will determine which tag you receive.
Tag Curfews and Boundaries
With electronic monitoring, the tag will have a set boundary in which you must remain in during your curfew.
If you are unable to make your curfew in time, you must inform the company as soon as possible along with evidence of the reason you cannot make your curfew.
Breaching curfew hours automatically informs your probation officer or the police and can result in being recalled to prison.
When Can I be Released on Tag?
You must spend time in prison before being released on a tag. This is at least 28 days or a quarter of your sentence in prison, they will decide which depending on which one is longer. The maximum amount of time somebody can have a tag for is 180 days.
Your eligibility date will be based on the length of your sentence. This date does not guarantee you will be released on this day, this is highly unlikely, it is the date you become eligible to be put on a tag.
When Will I Find Out About the Tag?
After your initial sentence calculation, the prison should determine your eligibility for a tag within five working days. You should receive this decision in writing.
Those who are eligible and suitable should be considered automatically. However, if you have not be considered and feel that you should, contact Reeds immediately.
You may not receive a tag if:
- You are under investigation or have been charged/convicted of a further offence during your current sentence
- Risk management actions need to happen before you can be released
- There are less than ten days to spend on tag before your automatic release
If you are not informed or any information is incorrect, our team can help to rectify these issues.
When to Contact Reeds
You should contact us around 4 months prior to your TAG date in order that we have time to take instructions and prepare representations for you but we would advise contacting us as soon as possible.
Call us today on 01865 592670 to discuss your case or complete enquiry form on our contact page here. Alternatively please email prisonlawmb@reeds.co.uk
