Legal Q&A

Q I am writing in relation to the FTR56 (Fixed-Term Recall 56 days). I was recalled in September 2023, with no further charge. My Community Offender Manager (COM) completed my Part C in January 2026 stating my Multi-Agency Public Protection Arrangements (MAPPA) has been downgraded from 2 to 1 in December but wasn’t updated on the National Offender Management Information System (Nomis) until 17/3/2026. In my Part C probation is also supporting release and stated I am eligible to complete and assessed to complete Building Choices in the community. Then Programmes advised me last week that they have a place for me on the course, bearing in mind probation put me forward for a Risk Assessed Recall Review (RARR) and supported my release. Now Probation has sent an email saying she wants me to do the course in custody, and she has emailed the Public Protection Casework Section (PPCS) to put my parole on hold until the course is complete. But I took myself off. So, can probation get away with that? The Government website states that a prisoner who has been downgraded whist in custody may become eligible for FTR56 so long as there are no further charges and serving a Standard Determinate Sentence (SDS), which I am. So where do I stand?

A You write that you were recalled in 2023 without any further charges and at that time you were assessed as MAPPA 2 which has since been downgraded to MAPPA 1. Your Community Offender Manager has previously recommended release, but the programmes team now wants you to undertake Building Choices and your COM has now informed you that this should be completed in custody.

As you were recalled almost three years ago the Parole Board will have reviewed your recall on at least two occasions. You do not say whether you have been legally represented and if not, I would strongly recommend that you receive professional advice. The Parole Board are required to deliver decisions in writing and whilst they cannot determine sentence planning there may have been comments in their decisions about further work to be undertaken. You also state that your COM has previously recommended release under RARR. Upon the assumption that was rejected there will have been a decision letter from the PPCS which will contain reasons and may refer to further work being required.

Certain strands of the Building Choices programme can be completed in the community but strangely the criteria are not the same as for the prison course. If your COM has now changed their recommendation, then it may be that you are assessed as not meeting the community criteria.

You do not indicate when your annual parole review is due although you refer to a Part C in January 2026 which would suggest that there is an active review. If the review is proceeding, I would suggest that the Parole Board are requested to direct that the PPCS and/or your COM provide evidence as to why FTR56 is considered not to apply to you. There is an overriding provision in the rules defined as the Significant Risk Test and it may be that your COM and PPCS have assessed that you meet those criteria for blocking FTR 56. Again, that can be the subject of application for disclosure.

If you do not have representation in this case, then I strongly suggest that you seek legal advice.

Response by Stevens Defence Solicitors Union House Uttoxeter Road Stoke on Trent ST3 1NX. See advert in Inside Time or contact us for details. 

Q I am serving an Extended Determinate Sentence of 15 years plus six years extended. I will have to serve two-thirds of it, so 10 years before parole. I understand that under the Early Removal Scheme (ERS), foreign national prisoners (FNPs) may be eligible to apply for early deportation. I learnt that FNPs would have to serve 30 per cent of their sentences before they can apply for the ERS. But with the new Sentencing Act, the Government will bring that 30 per cent to zero per cent, meaning FNPs could be deported immediately. I was under the impression that this would apply for my case, but I have since been informed by prison staff that, due to the length of my sentence (over 2,089 days), these changes do not apply to me and I would still need to serve 11 years in a UK prison before being eligible. Could you please clarify? I just want to be deported as soon as possible.

A For those serving a sentence that attracts release/parole at the two-thirds point and when the custodial term of such is 1,635 days (just under four and a half years) or longer, the requisite period to be served before early removal can take place under ERS is 545 days before that two-thirds point of the sentence. The relevant part of the Sentencing Act that would remove the requisite period is not yet in force.  

Response by BK Law Solicitors. See advert in Inside Time or contact us for details.