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Eligble For Tagging

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nailit | 19:46 Fri 07th Apr 2017 | Law
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Further to my post here http://www.theanswerbank.co.uk/Law/Question1544076.html
My sons mate received a 15 month prison sentence for affray. Its the first time hes been in prison and a first 'serious' offence. Hes just rang my son from jail and said that he has been refused a tag. Can he appeal this decision and if so how?
He was convicted of affray and no one was hurt during it,(just a threat) while I myself was once convicted of assault and still managed to get early release on tag. (despite having previous sentences for affray and ABH). It all seems a bit bonkers to me!
Thanks.
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I assume you're talking about Home Detention Curfew (HDC). There are a number of statutory exceptions to it and some other general ones. On what grounds has he been refused?
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Thanks for reply NJ. He didn't say (yes hdc) He seemed genuinely perplexed about it particularly as he wasn't expecting to get sent down in the first place (good probation report etc)
HDC is not a right and there is generally no right of appeal if it is not granted. But he should find out the basis of the refusal as there may have been a mistake.
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// There are a number of statutory exceptions to it//
Can you give me a decent link to those please NJ?
Thanks.
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Sorry cross posted NJ.
How does he go about it all?
He was in a bit of a state tonight.
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Why could I get a tag when Ive got previous for actually hurting people (ABH) and I'm in jail for assault and yet he has never hurt anyone and yet gets refused? It doesn't make any sense...
If you want to read the relevant rules, they're here:
http://www.justice.gov.uk/downloads/offenders/psipso/pso/pso-6700.doc
(That's a Microsoft Word file, so it will open in your word processor, rather than as a web page)
First I'm completely ignorant of these things so this is a genuine question - he only went in a couple of weeks ago, is it normal to get released on tag that quickly? Wasn't much point in the sentence then is there?
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Thanks chris, I'm not too techno, cant seem to access them. Any easy way?
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prudie //he only went in a couple of weeks ago, is it normal to get released on tag that quickly//
No, but its normal to be given a release date, on tag or otherwise.
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// Wasn't much point in the sentence then is there? //
Not sure of ur point?
As long as you've got a word processor (Microsoft Word, Open Office Writer, etc) on your computer, clicking on my link should offer you a choice of opening the file with your default word processor or of saving it to your hard drive.

If you're not seeing that option, RIGHT-click on the link, select 'Save link as', save the file to your hard drive and then open it from there.
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Cheers Chris, techno thickie here....will give it a bash
Like I said, know nothing. So he is upset because he hasn't been given a date to get a tag which you would expect to be how quickly? I thought you were saying he should get out now?
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Prudie...
//So he is upset because he hasn't been given a date to get a tag which you would expect to be how quickly?//
No, He has been refused a tag when others get one relatively easily (inc myself in the past)
This is the bit I don't understand. Had he been a allowed a tag when would he be released with it?
Question Author
//Had he been a allowed a tag when would he be released with it? //
Yes he would, at a given date sometime in the future.
“…he only went in a couple of weeks ago, is it normal to get released on tag that quickly?”

When prisoners sentenced to determinate sentences (i.e. x years or y months, not “Life”) arrive at their first prison, Prudie, they are given their release date within a couple of days of arrival. All prisoners are released at the halfway stage. HDC is available to most of those sentenced to between three months and four years. It provides for release under home curfew, monitored by electronic tag, between 15 and 90 days before the half way point is reached. When the prison authorities calculate the release date the allowance made under HDC is incorporated into that calculation. Hence the prisoner knows very soon after arrival of his release date, including the time he will be released early under tag.
Thank you NJ for explaining. I understand now.
He was asked on his tag release date where h will go if he got released?? Does that mean he’s getting tag and how long after tag date did your fella get tag? Xxx

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