Throughcare: Stages in the Provision of a Throughcare Service to Prisoners

Throughcare Map

Release

The Management of Offenders etc. (Scotland) Act 2005 proposes the use of Home Detention Curfew orders for certain categories of short term prisoner allowing release at one quarter of sentence or 30 days, whichever is the greater, with restriction through electronic monitoring until the 50% point of sentence is reached. This power under section 15 of the Management of Offenders etc (Scotland) Act 2005 was implemented in June 2006.

Home Detention Curfew is a licence which includes a range of standard conditions specified by the order and an electronically monitored curfew condition that will require a prisoner 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.

Decisions about early release are made by the prison governor following full risk assessment and receipt of a Home Detention Curfew Community Assessment Report provided by Criminal Justice Social Work.

Resources

Legislation

Please note that the contents of Throughcare Map have not been updated since 2009. As a result, certain of the processes described here may no longer be current and accurate. It remains online as an historical resource, but has been superseded by Youth & criminal justice in Scotland: the young person's journey.