Prisoners who are statutorily eligible for release under the home detention curfew scheme but, following an assessment of suitability, are refused release, are informed in writing of the reasons for refusal, their right of appeal, their right to see the disclosable reports and other documentation upon which the decision was based, and their right to make oral or written representations to the Governor dealing with the appeal.
Prisoners who are presumed unsuitable for HDC due to the nature of their offences are informed in writing as soon as possible after sentence that, unless there are exceptional circumstances, they will not be released on HDC. If such prisoners consider that their case is exceptional they must draw this to the Governor's attention giving full details. Where the Governor considers that the case is not exceptional the prisoner may appeal against the decision.
Further details of the refusal notification procedures are set out in Prison Service Order 6700 (Home Detention Curfew) as amended. Statutorily eligible prisoners who are refused HDC have a right to appeal against the decision under the Prisoners' Request and Complaints Procedures. Further details of these procedures are contained in Prison Service Order 2510. Both PSOs are available on the HM Prison Service website.