‘Judges should have power to block recall decisions’

Judges should review attempts by the Probation Service to recall ex-prisoners to custody and block the move when it is unjustified, a report has said.

The call came from the Prison Reform Trust in a report (pictured) on the issues facing people released after serving long jail terms.

Research Dr Ailie Rennie carried out in-depth interview with people now living in the community after serving long prison terms – more than 10 years for men or eight years for women, or a life sentence.

Among her recommendations was that “HM Prison and Probation Service (HMPPS) should revise the recall process to include an independent judicial review at the point of recall, to ensure that such action is necessary, proportionate, and based on clear evidence of risk.”

Explaining the need for the policy change, the report added: “Overreliance on recall for technical breaches or minor infractions can disrupt other positive progress in the community, undermine efforts at reintegration, and reduce the legitimacy of probation.

“A structured review process should be implemented to ensure recall decisions are fair, necessary, and consider the individual’s progress, circumstances, and risk level. This should occur prior to the individual being returned to prison to avoid any unnecessary further imprisonment.”

The report found that people released from long sentences face barriers on reintegrating into the community including difficulties in finding housing and employment, and rebuilding relationships. Many said they found that restrictive licence conditions, imposed by the Probation Service, made it harder for them to exercise independence and rebuild their lives.

Other recommendations in the report include the introduction of dedicated resettlement teams within prisons; better pre-release training including in the use of technology and job-seeking; improved through-the-gate support including ‘departure packs’ containing toiletries, sanitary items, a change of care clothes, ID, and a SIM card; and training probation officers on the specific needs of long-sentenced prisoners.

In 2024, people serving indeterminate sentences such as life or imprisonment for public protection (IPP) were released on 1,450 occasions from prisons in England and Wales. Of these, 443 were first releases and 1,007 were rereleases following a recall to custody. For people serving long fixed-term sentences there were 2,021 releases in 2024.

The number of recalled prisoners in England and Wales has doubled in the past decade, to 13,000, and they now account for one in seven, or nearly 15 per cent, of the jail population. For every four people released from prison in the first three months of 2025, three were recalled for breaching licence conditions. The growing number of people on recall has been identified as one of the main causes of the prison capacity crisis.

Pia Sinha, chief executive of the PRT, said: “This report highlights the urgent need for targeted support and policy reform to help people serving long prison sentences to reintegrate successfully in the community. It comes at a critical moment, as policymakers seek new solutions to arrest the prison capacity crisis.”