Can a prisoner be awarded additional days by an Independent Adjudicator if he is a licence recall prisoner?

Yes he/she can.

There has been a long held myth by prisoners, even some prisons that additional days cannot be given to licence recall prisoners. Indeed I still have some of my clients arguing with me that they have never heard of this happening.

Well I have and the first time it did I had to investigate if what the prison was doing was lawful.  It was and here is why.

Additional days apply to determinate sentence prisoners and EDS (Extended Sentence prisoners) They cannot be imposed on life sentence prisoners and IPP’s.  What then is the position regarding licence revoked/recalled determinate prisoners?

The Prison Service Instruction 47/2011 reissued in July 2018 unhelpfully has this to say with regard to licence recall prisoners :

“a PSI on sentence calculation is in preparation but meanwhile sentence calculation policy (020 3334 or 5045) should be asked for guidance on the application of additional days to prisoners on licence and subsequently recalled.”

Upon turning to the sentence calculation PSI referred to above – PSI 03/2015 sentence calculation – determinate sentence prisoners it says :

Standard Recall – Parole Board Recommend Immediate Release, or a Re-Release Date in the Future
9.10.3 Any ADAs awarded during the period of revoke before the Board make a recommendation must be brought to the attention of the Board so that they can be taken into account when the decision whether or not to recommend re-release is made. If the Board indicate that the ADAs have been taken into account and have affected the re-release date set, then the Prison Service must not extend that re-release date by the ADAs. If the Parole Board indicate that the ADAs have not affected the re-release date they have set, then the Prison Service must extend that date by any relevant ADAs.
9.10.4 The Prison Service must apply any ADAs awarded AFTER the Board have set the future re-release date and extend all dates except the SED/SLED/TUSED.

So what that effectively means in lay mans terms is that the prisoner can be awarded additional days and if the parole board recommend either immediate release or release at a future date then the prison can add the days to the proposed date so that the prisoner serves them before he is released.  What they cannot do however is alter the Sentence and Licence Expiry date – SLED.  So if the parole board does not recommend release for instance, the prisoner is simply released at SLED and the prison cannot make him/her serve the extra days.

The days will only be served if he/she were to be released prior to the sentence end date.

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