Release on temporary licence (ROTL) is an important part of the process of the resettlement and rehabilitation of offenders. For many prisoners, especially those serving long sentences an opportunity to access ROTL is a key element for the preparation of their safe release. This gives them the chance to organise work, housing and re-establish relationships with families and their communities. This advice if for prisoners aged 18 years old and above.
The decision to allow ROTL is by rigorous risk assessment and there is no presumption that it will be allowed. This includes information on previous release on temporary licence, criminal history, child safeguarding, probation assessment, and the position of the victim, the prisoner’s behaviour during custody and police information. Each prison should have the information on their policies for ROTL available to prisoners.
When a prisoner can apply for ROTL
Eligibility for the different types of ROTL outlined below, the length and frequency of it depends on many factors and will be determined locally.
Types of ROTL
Resettlement day release licence
This licence allows a prisoner to go out during the day for a specific purpose, for example:
- To go on a training course to help them find work once they are released
- Community service projects or other things you have to do outside prison as part of your sentence to get ready for release
- Training or education courses about life and work skills
For prisoners serving sentences at designated resettlement prisons, the following additional reasons may be consider too.
- To undertake driving lessons or car maintenance
- To carry out paid employment
The prison Governor will make the decision as to how long each resettlement day release will last. For Category C prisoners and Closed Condition prisoners, if the resettlement is going well they may well be transferred to an open prison. For prisoners eligible for Home Detention Curfew, also known as tag, they will receive at least one resettlement day release prior to their release on tag.
Resettlement overnight release licence
This is similar to the day release licence, but this one is to allow prisoners to spend overnight time at the place they will be living once they are released from prison. This helps them towards their resettlement and rehabilitation. These prisoners may apply for this release once every 4 weeks after their date has been granted.
Special purposes licence
This is often the most commonly granted when the prisoner is faced with a special set of circumstances. This is widely used for:
- Compassionate leave including visiting close family members who are dying, attending funerals or emergency issues with the children
- Medical treatment
- If you have to assist the police with further queries, attend courts or hearings.
- If the circumstances are religious requirements, this should be considered as a matter of urgency and dealt with according.
The special purposes licence maximum length of release is four nights but this is only at the Governors discretion.
Childcare resettlement licence
This licence allows a prisoner to spend time with their child. They can only apply for this if they’ll be the sole carer of a child, under the age of 16, when they finish their prison sentence. The prisoner also needs to be:
- Subject to open conditions or is being considered eligible
- Resident in a mother and baby unit and have other children outside of prison being cared for by others.
For the Childcare Resettlement release to take place, the carer’s permission must be sought. If the child is in care of the Local Authority, then permission is required by them. The maximum time allowed is three nights in every two months.
Eligibility for ROTL
All offenders, except those who are excluded from ROTL and those subject to restricted ROTL may apply for temporary release on SPL at any point of the sentence. There is no minimum eligibility period.
Not everyone can get Release on temporary licence (ROTL). The prisoners excluded from ROTL are:
- Category A or those on the escape list
- Remand and convicted unsentenced prisoners
- Sentenced, but on remand on further charges or waiting to be sentenced for other convictions.
- Those subject to extradition proceedings and wanted by another country because they may have committed an offence there.
- Prisoners held on behalf of the International Criminal Tribunal for the Former Yugoslavia (ICTY), the Special Court for Sierra Leone (SCLS) or the International Criminal Court (ICC).
Additionally, Category B prisoners are not eligible for resettlement day or overnight release but may be considered for any other form of ROTL.
How a prisoner is granted ROTL
There is no automatic entitlement for ROTL to be approved. A prisoner will have to be eligible for release and undertake a stringent risk assessment before ROTL is granted. Determinate sentenced prisoners become eligible towards the end of their sentence, either 24 months before the release date, or once they have served half the custodial period less half the relevant remand time, whichever gives the later date.
Indeterminate sentenced prisoners cannot be considered for ROTL until their transfer to an open prison has been approved. Prisoners released on temporary licence must comply with a number of conditions whilst on licence and these may vary according to the needs and circumstances of the prisoner. This will be discussed with the prisoner in detail but will include information on returning on time from ROTL, consumption of alcohol, gambling, criminal behaviour and more.
Any breaches will be classed as a ROTL failure and a prisoner may then be recalled to prison and face prison disciplinary procedures. A person who fails to return from temporary release is guilty of an offence in accordance with Section 1 of the Prisoners (Return to Custody) Act 1995.
Recall from ROTL
An offender released under ROTL may be recalled to prison at any time whether the conditions of release have been broken or now (Prison Rule 9 and YOI Rule 5).
If an offender has breached their licence conditions, the governor will recall the offender if it is not appropriate for them to remain on licence. All decisions will be documented by the governor. Once this decision has been made, the governor will ask the police to take the offender into custody and hold them at the police station. The offender will then be transferred to a closed prison.
You can find out more about the full details of ROTL including the application process by reading the Ministry of Justice document on PSI 13/2015. Please also visit the Prison Reform Trust for more information.