Broken by Design: The Rise of Prison Recalls

There are few issues that come up in Howard League correspondence more than recall. The human impact of the overuse of recall is devastating, as is the pressure high recall numbers place on the prison system. Rarely are the reasons for the recall compelling; sometimes they are absurd. 

Just last week we heard from a man who described a situation where, on a recall, he was prevented from being released. His probation officer didn’t approve of his release address; even though she had been the one to arrange it. Another man held in a Scottish prison described having saved £2,925 in his prison account, which would be on his person at the time of release. He was unable to sign his own licence paperwork as it stated that being in possession of more than £250 was a breach of conditions. The man found himself in an irrational situation where his very release would set him up for immediate recall. 

And these are only some of the countless such stories that we receive, from people describing breaching conditions by missing appointments – which were held before their actual release – to others who share heartbreaking stories of missing the birth of their children after being recalled. It is clear that recall simply isn’t working. 

It is well known that the use of recall has skyrocketed in recent years.  In 2016, 6,000 people were recalled to custody. Last December, in a single month, 5,000 people were recalled. Most for administrative breaches, and only 20 per cent for any further offences. Many of these rules are very difficult to understand, and even harder to navigate.  Again and again, we hear of people who are unaware of having breached any conditions until they end up back in jail. 

In our submission to the Sentencing Review early last year, we called for a rapid review of administrative recalls and guidance, arguing that the ideal solution would be to abolish recall for administrative breaches entirely. But barring that, we argued that any recall for administrative breach should be fixed-term and set at 14 days, as opposed to the option of a standard recall which requires review by the Parole Board prior to re-release.

It is well known that the use of recall has skyrocketed in recent years. In 2016, 6,000 people were recalled to custody. Last December, in a single month, 5,000 people were recalled.

Instead, the Sentencing Review’s final report recommended an increase in the length of Fixed Term Recall to 56 days for people on SDSs (standard determinate sentences), in most cases replacing standard recall. The government picked this up in the Sentencing Act. The very same Act that, based on the well documented harms of short spells in prison, provided for the suspension of prison sentences of up to 12 months.  In recent months I have spoken to recalled prisoners, but also to governors who are despairing at the nonsense of it all. I fear that the only impact of this change will be to further cement short spells in custody as a feature of our system. 

I will write in future about probation (views please!) but it is plain that as much as prisons are overcrowded , probation is working under unacceptable levels of pressure, with huge caseloads and personal responsibility in the case of a further serious offence.  In such circumstances, it is little wonder that recall is on the rise. Moving pressure from one part of the system to another, with sentenced people – and their loved ones – bearing the brunt. 

And the overuse of recall puts unacceptable pressure on many of the same local jails that are dealing with high numbers of remanded people, and those on short sentences. This does nothing for a stable and safe prison system, as the latest safety figures for recalled people demonstrate. It’s a disgrace and will continue to be an area of concern for us.  

If you would like to write in with your experiences, we would love to hear from you and we respond to every letter we receive. 

And, if you would like to find out more about the Howard League and our work, why not join us? Membership is free for people in prison and their families, just contact our Membership Officer, Tim Kerr, to learn more.   

Please write to Tim or me at the Howard League for Penal Reform, 75-77 St John Street, London EC1M 4NN.