Prison Law & Parole

Recall to Prison

Specialist forensic evaluation of Recall to Prison decisions, focusing on licence conditions and the clinical risk of reoffending. Urgent expert witness reports may be prioritised where feasible to support representations to the Parole Board and Secretary of State.

Section 12 Approved Psychiatrists
Parole Board Rules 2019 Compliant
Urgent Reports Available

Expert Type

  • Forensic Psychiatrist
  • Clinical Psychologist
  • Forensic Psychologist
  • Neuropsychologist

Applicable Law

  • Criminal Justice Act 2003
  • Offender Rehabilitation Act 2014
  • Crime (Sentences) Act 1997
  • Human Rights Act 1998
  • Mental Health Act 1983

When Needed

Clinical assessments are required when an individual is recalled to custody due to an alleged breach of licence conditions or concerns regarding public safety.

What Is a Recall to Prison Assessment?

A Recall to Prison assessment is a comprehensive forensic evaluation conducted to determine whether the decision to return a released individual to custody is clinically justified and proportionate. It focuses on the individual’s mental health status and cognitive functioning at the time of the alleged licence breach or escalation in assessed risk.

The assessment examines the risk of serious harm and whether any psychological deterioration contributed to the failure to comply with licence terms. It evaluates whether continued detention in custody remains necessary for the protection of the public or whether community-based risk management is sufficient.

  • Licence compliance — evaluation of the individual’s ability to adhere to supervision requirements
  • Risk of reoffending — clinical assessment of the likelihood of further criminal activity or harm
  • Mental state — identifying any acute psychiatric symptoms or cognitive deficits at the time of recall
  • Causal link — determining if mental illness directly influenced the behaviour leading to recall
  • Proportionality — assessing if recall is a necessary and balanced response to the perceived risk
  • Management strategy — recommending community-based interventions as an alternative to custody

These reports must be prepared by a forensic expert who understands the Parole Board‘s requirements for evidence-based risk assessment and procedural fairness.

Our experts provide evidence prepared in accordance with the Parole Board Rules 2019, addressing the necessity of recall to custody and the impact of the custodial environment on long-term stability.

Key Assessment Components

Our assessment evaluates the following areas:

Clinical Interview

A detailed evaluation of the individual’s mental state and their personal account of the events leading to executive recall.

Record Review

Comprehensive analysis of probation records, prison files, and psychiatric history to identify behavioural patterns.

Risk Assessment

Utilization of structured professional judgement tools to quantify public protection concerns and recidivism risk.

Mitigation Analysis

Identification of extenuating circumstances, such as mental health crises, that may explain the licence breach.

Community Management Plan

Development of robust management plans that offer alternatives to incarceration while maintaining public safety.

Hospital Transfer Review

Assessment of whether hospital admission under the Mental Health Act is more appropriate than return to custody.

Conditions That May Affect This Assessment

A range of psychiatric and psychological conditions can affect this assessment. These include:

Psychotic disorders (Schizophrenia, Delusional Disorder)
Personality disorders (BPD, ASPD)
Substance misuse and dual diagnosis
Post-Traumatic Stress Disorder (PTSD)
Neurodevelopmental disorders (ADHD, Autism)
Intellectual disabilities and cognitive impairment

Clinical presentations often fluctuate, requiring an assessment that accounts for the temporal relationship between symptoms and the alleged breach.

Assessment Process

  1. Instruction Received

    We receive instructions from solicitors or the Ministry of Justice, including all relevant probation and medical records.

  2. Expert Matched

    We match the case to a forensic psychiatrist or psychologist experienced in prison law and Parole Board proceedings.

  3. Assessment Conducted

    The expert conducts a clinical interview, typically within the prison estate or via secure video link.

  4. Report Delivered

    A comprehensive report is delivered in accordance with the Parole Board Rules 2019, providing clear recommendations addressing risk and suitability for re-release.

Turnaround Times

Urgency Level Timescale
Standard Report 4-6 weeks from assessment
Priority Report 1-2 weeks
Urgent Report 1-4 days
We prioritise rapid-response expert witness reports for Recall to Prison cases where feasible, subject to expert availability and documentation access.

What’s Included in the Report

Executive summary of findings
Psychiatric and developmental history
Current mental state examination
Detailed analysis of the alleged breach
Actuarial risk assessment tool results
Evaluation of previous licence compliance
Impact of custodial environment on mental health
Proposed community management and monitoring
Treatment and rehabilitation requirements
Statement of truth in accordance with the Parole Board Rules 2019

All reports are prepared in accordance with the Parole Board Rules 2019, and our experts are available to provide oral evidence at Parole Board hearings.

Frequently Asked Questions

Need a Recall to Prison Report?

Contact our team today for expert witness CVs and written quotations for Recall to Prison assessments provided promptly upon request.