Recall ? Could Someone Please Explain This To Me?

[lilacben]

I will not go into the story as it is long and at most confusing. If someone had a prison sentence of 2years 8 months reduced to 1 year 4 months....they served one year then released for being good... three days later got arrested again for the samething,,,but nothing came of it...there wasnt enough evidence but he still went back to serve the 4 months left of the sentence. Now again got arrested after three weeks after his release. The police said there was a finger print...but nothing else (that we know of) he says he didnt do it ...OK... now he was put straight back into prison until his court date in a few weeks time ....but the solicitor has said its possible he will be recalled to prison??? even if they find he isnt guilty??????? Confused??? we are but was wondering if someone could make something out of this... Many thanks

[Canary42]

I expect NewJudge will help you on this when she comes along.

[Canary42]

Ooops, "... when he comes along"

Or Bar Maid when SHE comes along.

[EDDIE51]

He was probably released 'on licence' so can be sent back to serve the entire 2 years 8 months of the original sentence.

[lilacben]

But why would they send him back if he is found not guilty?

[Peter Pedant]

there is a lot here

http://www.inbrief.co.uk/prison-law/recall-to-prison/

clearly being convicted is not the only reason to be recalled.

your friend really does seem unable to keep out of trouble. Perhaps when he is next back in the nick and insists "I aint done narfin" - you could entertain an element of doubt

[Peter Pedant]

to answer your question clearly

why would he be recalled if he were found not guilty ?

Because you can be recalled for other things than being convicted of a further offence

[EDDIE51]

'Being good' has nothing to do with it! Release on license at the halfway point is normal . He would only serve 1 year 4 months of the 2 years 8 months. Also he was released after 1 year to serve the last 4 months 'on tag' or Home Detention Curfew to give it the proper name. So he was arrested just 3 days after being released, the tag would still be on his ankle so the police would know instantly that he was still under HDC . That is why he went back to serve the last 4 months actually in prison rather than at home on 'tag'.
Now he has been arrested yet again and detained in custody , sorry but now he can be sent back to jail to serve the entire 2 years 8 months of his original sentence!
If it happens he will not get 'tag' or early release again it will be the full sentence no remission!
Some people never learn!

[EDDIE51]

As I explained he was only out of jail 'on licence' Tag or HDC.
He was actually still serving his sentence at home on tag!
Just getting arrested is enough to send a HDC prisoner back to jail.
You are released 'on licence' and the conditions of that license are that you do not go back to your old ways and get into trouble again!
He broke those conditions and was sent back to do the 4 months.
Then he got arrested again so now he can be sent back to do the entire original sentence of 2 years 8 months!
He does NOT NEED to be found guilty AGAIN as he has not finished his full original sentence for what ever he did the first time.

[EDDIE51]

Just to make it clearer. He was sentenced to 2 years 8 months.
It is normal to be released at the halfway point , in this case 1 year 4 months.
The last 4 months can be served at home on HDC or Tag.

You are only out of jail 'on licence' until your entire original sentence time is over. So this person was arrested just 3 days into HDC and sent back to do the 4 months HDC back in jail.
Now he has been arrested yet again and as it is within the 2 years 8 months he is still only out of prison 'on licence' so he can be sent back to jail just for breaking his 'licence conditions' which include not getting into trouble and getting arrested.

[lilacben]

Thankyou for all your replies....I can understand why he will be returned to do another 1 year 4months if he is found guilty of these new charges ..which I would think he will also get further time for. But other than this new charge...which he says he didnt do ??...he was keeping out of trouble? so how could they still make him go back for the other time.?
All three times have been burglary... He isnt my friend ..not at all.! sadly he is our soon to be I hope EX son-in-law!!
My daughter had no choice but to make him get out after the first burglary...But he got off with just a fine and suspended sentence first time...looking back I think he must have done it then.
However he has always been a alcholic and gambler for 16 years since our daughter was with him.... this time she found he had just been let off for the first offence and he was gambling again... getting thousands in debt...again!! which was enough for her.! They have three children and he even stole there piggy bank money!
It is a terrible situation because his children love him....as they would he is there dad ...worse luck!! they have been really upset again after spending time with him this christmas ..and he was locked up again.!
Sorry for the rant... I am just so worried for the children and hate to see them upset.! What a father !!

[EDDIE51]

As I said it he has not yet finished his original sentence of 2 years 8 months.
But he has been arrested for another similar crime while out of jail 'on licence'
He does NOT need to be found guilty of this new charge, just getting into trouble and getting arrested is sufficient to cancel his release 'licence'.Which means he is going back to jail to serve the remaining time of the 2years 8 months.
He is going back to jail not because he is guilty of another crime but because he broke the terms of his 'licence for release'.
If he is found guilty of this other offence then yes, in addition to going back for the rest of the original sentence he will probably get another sentence on top of the 2 years 8 months.

[EDDIE51]

He was not 'keeping out of trouble ' he went straight back to crime to fund his drink and drug habit and got arrested almost immediately.
If he had 'kept out of trouble' he would not have been arrested and kept in custody! He is 100% to blame for his own problems

[Peter Pedant]

Hi Lilac - you post quite a lot and I wondering why you were keeping such disreputable company
but you are not - it is your daughter

well he is back in the nick and you dont know all the facts.
He is saying "I aint done narfin'!"
but you also know that no one gets nicked for being a good boy.

sorry it has come down to this
your daughter should draw a line across the slate and start again

[lilacben]

Oh Peter believe me..Non of us want anything to do with him.! Even our daughter ...although she still hasnt taken divorce advice...she is worried about the children but I keep saying they must know it is coming..The are now 16.14 and 10. And that is the other thing .. they love their dad... after all he is their father... it is for them I really ask this question to try and make them understand the situation. His father keeps telling them all this rubbish about being framed ect.! I dont believe a word of it..and wish they would just throw the key away.! However I just wanted to understand why, if he has been keeping out of trouble...he is still going to be recalled.?

[EDDIE51]

lilacben, as I explained he HAS NOT been keeping out of trouble!
He got arrested and was recalled to do the last 4 months in jail instead of being allowed to serve it on 'Tag' at home.
Then just 3 weeks after release ( which was only release 'On Licence' NOT unconditional release, the full sentence was 2 years 8 months) he was arrested again.
As I said it is now possible (or more likely probable ) that he will be recalled to serve the whole original sentence. Again as I said, he does not need to be found guilty of the last offence. He was only freed 'On Licence' until the 2 years 8 months was up. On Licence means there are conditions to his release, the main one is that he keeps out of trouble. He did NOT keep out of trouble he got arrested for a similar offence yet again! He can now be recalled to prison not just by being found guilty of this last offence, but also because he did not meet the conditions of his release from the original 2 years 8 month sentence.

[lilacben]

I thankyou all for your replies and for taking the time to answer me.