Home Detention Curfew

Home Detention Curfew (HDC) came into use in Scotland in 2006 and allows prisoners, mainly on shorter sentences, to serve up to a quarter of their sentence (for a maximum of six months and a minimum of two weeks) on licence in the community, while wearing an electronic tag. The licence includes a range of standard conditions and a curfew condition that requires prisoners to remain at a particular place for a set period each day. Other conditions can also be included in the licence on a case by case basis. Prisoners who fail to comply with the curfew or other licence conditions can be recalled to custody.

The decision to release any prisoner on the HDC scheme must be taken having regard to considerations of

 protecting the public at large;

 preventing re-offending by the offender; and

 securing the successful re-integration of the prisoner into the community.

Statutory Exclusions: The first stage of the assessment process is establishing those prisoners who are excluded from release on HDC by legislation.

- prisoners who are required to register as sex offenders;

- prisoners who are subject to an Extended Sentence;

- prisoners who are subject to a Supervised Release Order;

- prisoners who are subject to a Hospital Direction (including Transfer for Treatment);

- prisoners awaiting deportation; and

- prisoners who have previously been recalled to prison having been released on licence

In terms of recalls, prisoners recalled from HDC licence because they could not be monitored at the curfew address are not statutorily excluded. If a suitable address is found, these prisoners may qualify for release on HDC at a future date.

National HDC guide for prisoners

FamiliesOutsideHelpSheet