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This area covers the process by which a person released from prison on licence can be recalled to custody, and the procedures that follow a recall decision. A solicitor practises by advising on the grounds for recall, preparing representations, and challenging recall decisions where appropriate before the decision-maker, such as the Parole Board or the relevant licensing authority. They may also assist with related applications, such as extensions of licence, and coordinate evidence from the client and witnesses. The focus is on protecting liberty and ensuring the recall process is fair and proportionate.
The recall process involves the licence conditions, potential breaches, and the legal standards governing recall. A solicitor handles the factual and legal review, helps assemble evidence of compliance or breach, and supports written representations. They navigate factual determinations, timelines, and any possible appeal or judicial review routes if a recall decision is perceived as unlawful or disproportionate.
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