FTR56: Your recall. Your rights. Your next steps.

The rules around Fixed-Term Recall have changed. We can help you understand what this means for you.

Being recalled to prison can be frightening and confusing.

You may not know how long you will be in custody, whether you can challenge your recall, or whether you have a chance of being released again.

If you are recalled, the prison will check whether you meet the criteria. However, it is important to have your case reviewed so you understand what this means for you.

There are important exclusions. These include people who were under 18 at the point of recall, those serving a national security or terrorist-related sentence, people managed under MAPPA levels 2 or 3, and people recalled because they have been charged with a further offence.

The change to 56 days follows changes to the Sentencing Act. Most people serving a Standard Determinate Sentence (SDS) of less than four years became automatically eligible for Fixed Term Recall unless they fall within an exclusion.

Under the new rules, only people who meet certain criteria will be released after 56 days.

If you have been recalled, it is important to get legal advice as soon as possible.

Why should you contact us straight away?

There can be a very short amount of time to challenge a Parole Board decision.

We cannot emphasise enough the importance of contacting us on your immediate return to custody. We can send you the documents you need to complete and return, arrange an appointment to take your instructions and begin looking at your case without unnecessary delay.

If the Parole Board makes a decision on the papers, there are only 28 days to appeal and ask for an oral hearing. Waiting to find out what is happening could therefore cost you valuable time.

At BD Solicitors, we can assess your case and help you through the recall appeal process.

Once instructed, we can access your dossier and advise you about your situation. Where appropriate, we can make an application to the Parole Board asking for you to be re-released or granted an oral hearing.

Do not assume you cannot be released!

There are different reasons why someone may not qualify for FTR56.

For example, the rules exclude certain people depending on the type of offence, MAPPA management and whether they have been charged with a further offence.

However, your situation can change.

Some people who have been recalled have found that their MAPPA level has changed or that an allegation of a further offence has appeared. These changes can affect whether they meet the criteria.

This is one reason why having legal representation can be so important.

We can challenge changes where appropriate, keep you informed and help you understand what is happening with your case.

Even if you have been arrested for a further offence, this does not necessarily mean you will be charged. Depending on the circumstances, it may still be possible to ask the Parole Board for an oral hearing to consider your release.

Experienced prison law specialists

Our team has more than 30 years’ experience in the prison law industry.

We understand that being recalled can be stressful. We know that every case is different, which is why we take the time to understand your individual circumstances and explain your options clearly.

Our work does not stop with the initial recall.

Where your case progresses to an Oral Hearing, we can assist you in building your case and representing you at the hearing, giving you the best opportunity for release.

If you have been recalled, contact us now

Do not wait to see what happens.

The sooner you contact us, the sooner we can look at your case, obtain the relevant information and advise you about your options.

BD Solicitors

Experienced. Professional. Here to help.

Contact us today to discuss your recall and find out how we may be able to assist you.

Catherine Adam – Prison Law Supervisor

David Pirrie – Crown Court Case Manager and Prison Law advisor 

Collette Blake – Prison Law Consultant