Justice Social Work Services: national throughcare guidance

9. Breach and Recall of Licence

Approach

9.1 A breach of licence condition occurs when a person who has been released from prison on licence fails to comply with one or more requirements set out in their licence. These conditions are imposed to help manage risk, support rehabilitation, and protect the public. When a breach occurs, the justice social worker must assess the seriousness of the breach and the potential risk to the public.

9.2 In cases where CBSW have assessed that appropriate escalation is necessary, aligned to the seriousness of the beach, a breach report should be submitted to the Community Licence Team – for onward referral to the Parole Board, at the earlies opportunity. Cases where a pattern of disengagement, or where CBSW make an assessment that breaches of conditions are minor and risk levels are manageable may follow the disengagement approach below.

9.3 Disengagement from community-based supervision can lead to breaches of licence conditions and increased risk a person might pose to themselves or others. To prevent this, early intervention is essential by CBSW. The focus should be on rebuilding trust and supporting re-engagement. This process should be gradual, structured, and person-centred.

9.4 Step 1: Recognising Early Signs of Disengagement

a) Identify patterns of withdrawal or reduced engagement.

b) Explore potential underlying barriers and causes such as trauma, communication, or unmet needs.

c) Take proactive, tailored steps to reconnect and offer support.

9.5 Step 2: Informal Re-Engagement

a) Initiate open, non-judgmental conversations to understand the reasons for disengagement. Ensure the person understands their licence conditions, the consequences of non-compliance and has regular opportunities to review and discuss these conditions during supervision meetings.

9.6 Offer flexible, accessible support. Develop a plan with clear steps, tools and realistic timescales to support re-engagement.

a) Increase contact frequency if needed to support re-engagement.

b) Prioritise trust-building and meaningful engagement to prevent further withdrawal.

9.7 Step 3: Formal Re-Engagement - if informal efforts are unsuccessful, a structured approach should be followed:

a) Early Warning Letter: notify the person of concerns and encourage re-engagement.

b) Re-Engagement Interview:

9.8 Invite the person to a formal review chaired by a JSW Manager. The person may bring a supporter or advocacy worker to help them participate fully;

a) discuss challenges, clarify expectations, and reinforce available support; and

b) the meeting should be solution-focused, with clear actions agreed upon by both the person and staff. Minutes of the meeting and agreed actions should be recorded in the case management plan and LS/CMI progress record.

c) Final Warning Letter: If disengagement continues, outline the potential consequences of being recalled into custody.

9.9 Step 4: Breach report submitted to Scottish Ministers, for onward referral to the Parole Board for Scotland for consideration of recall (unless expedient in the public interest (see 9.10)),

9.10 A referral is a formal request (agreed with the line manager) for Scottish Ministers and the Parole Board for Scotland to review evidence of licence breach and increased risk. It should only be considered when all other interventions have been followed, the person continues to disengage and the assessment of risk—based on pattern, nature, seriousness, and likelihood—indicates that the risk can no longer be safely managed in the community.

9.11 Referrals should be submitted for the PBS’s consideration via the Scottish Government Community Licence Team (communitylicence@gov.scot), using the Throughcare Breach Report template (available from the Community Licence Team). The PBS currently sits three days a week – on Monday, Wednesday and Friday.

9.12 In exceptional circumstances and if expedient in the public interest in their opinion, Scottish Ministers may revoke the licence and recall the person to custody without referring the case to the Parole Board. Scottish Ministers will only consider this option when there is evidence to indicate a credible, and immediate threat to public safety; and where the police are not already aware of the case (please see 9.14).

9.13 Under the standard consideration process, the PBS may respond by issuing a warning letter or recommending a recall to custody. If the Board recommends a recall, the Scottish Ministers issue a licence revocation letter, which order the individual to be detained back into custody.

9.14 Please be aware that information which risks safety or involves ongoing criminal investigations cannot be disclosed to the person within their parole dossier. For information, please refer to Rule 9 of The Parole Board (Scotland) Rules 2022.

a) If the breach involves further offending, relevant information from Police Scotland must be included, in line with local procedures/contacts (confirm with your line manager).

9.15 In cases of immediate risk to safety, phone Police Scotland via 999 and contact the Community Licence Team on communitylicence@gov.scot.

a) In any Out of Hours incidents involving immediate risk, where:

(1) the risks the person on licence poses to themselves or others in the community can no longer be safely managed;

(2) the risks have escalated to the point that there is an imminence of harm to the public or to the person themselves and it is expedient in the public interest to recall the person into custody, and

(3) Police Scotland are not already aware or engaged in returning the person to custody. If the person is detained in police custody, it is then not considered an urgent matter, and the recall request can be processed within standard working hours,

9.16 If urgent and cannot wait until the next working day, contact the Scottish Government Out of Hours Service on 0131 244 4000. Your message will be passed on to an out-of-hours member of Justice Directorate who will call you back to discuss.

Post-Recall Process

9.17 Within six weeks of recall there must be a recall ICM meeting arranged by the custodial establishment. This meeting will review the events leading to recall and identify work needed in custody to prepare for future parole or release.

9.18 All recalls are reviewed by the PBS through either a casework review, or an oral hearing, depending on the sentence type. The PBS may direct re-release or set a further review period.

PBS Review Timelines

Table 2: PBS review times relating to sentence type

Sentence Type: Life Sentence

Review Type: Oral Hearing

Timeline: Within 4 months

Sentence Type: OLR (Order for Lifelong Restriction)

Review Type: Oral Hearing

Timeline: Within 4 months

Sentence Type: Extended Sentence (within extension)

Review Type: Oral Hearing

Timeline: Within 4 months

Sentence Type: Extended Sentence (before extension)

Review Type: Casework Meeting

Timeline: Within 2 months

Sentence Type: Determinate Sentence

Review Type: Casework Meeting

Timeline: Within 2 months

Sentence Type: STSO (Short term Sex Offender)

Review Type: Casework Meeting

Timeline: Within 2 months

9.19 CBSW and PBSW must work together to review and update the case management plan following a recall to custody. This update should clearly reflect the person's current needs and risks. As recall is a significant event, any changes to the plan must be supported by a thorough reassessment.

9.20 Before the person becomes eligible for further parole consideration, the SPS establishment should have plans in place to address the risks and needs that led to their recall. If SPS is unable to provide the necessary support due to the remaining length of the custodial sentence, CBSW should advise on appropriate community-based support option.

9.21 If the PBS does not direct for re-release for OLR or Life sentence cases, the cases must be resubmitted to the PBS within two years of the recall for parole consideration.

9.22 For all other cases there is no statutory minimum term for parole consideration, however, it is usually one year following the recall unless they reach their sentence end date within this period.

9.23 Once the sentence end date (or extension period end date) is reached the person will be released with no requirement for statutory supervision from JSW. Some may be subject to notification requirements and remain subject to oversight as part of MAPPA.