What is the Home Detention Curfew (HDC)?
Under specific licensing conditions, some individuals sentenced to prison may serve part of their sentence in the community under the Home Detention Curfew (HDC) (Scottish Government, 2019).
Often referred to as ‘tagging’.
HDC is intended to support a managed transition from custody to the community while maintaining public protection through licence conditions and electronic monitoring (Scottish Government, 2019).
HDC can last up to six months (Howard League Scotland, 2023).
Individuals released on HDC will be subject to a curfew and will not be allowed to leave their registered address at certain times. This will be monitored via the electronic tag the individual will have to wear (Howard League Scotland, 2023; Families Outside).
What are the conditions of the Home Detention Curfew (HDC)?
If the individual on HDC leaves the approved registered address during curfew hours or attempts to tamper with or damage the electronic monitoring equipment fitted to them, they can be returned to prison to serve the remainder of their sentence there (Howard League Scotland, 2023).
The hours the individual must remain at the approved address are usually between 19:30 and 07:30, meaning they cannot leave the address during this period (Scottish Prison Service, 2024).
These curfew times can be adjusted to accommodate paid work (Scottish Prison Service, 2024), education, or childcare that falls outside these hours.
Release on HDC is conditional and subject to compliance with licence requirements. HDC is not an automatic entitlement, even where eligibility criteria are met (Families Outside, 2017).
Who is eligible for the Home Detention Curfew (HDC)?
The HDC applies to short-term prisoners (Howard League Scotland, 2023) who serve at least twelve weeks but less than four years.
A suitable home address is required for the curfew.
Criminal Justice Social Work will assess the proposed address and speak with people living there about the practical impact of the curfew and monitoring arrangements (Families Outside, 2017).
For long-term prisoners (over four years), the Parole Board for Scotland must first recommend a prisoner for parole, after which the Scottish Prison Service assesses the individual’s suitability for HDC, taking into account risk assessments, the proposed address, and community circumstances.
A Criminal Justice Social Work team will then assess the suitability of the proposed address for the individual. Still, the Scottish Prison Service ultimately decides whether to grant the individual HDC.
If an individual is not granted HDC, they can appeal the decision to the Scottish Prison Service.
Certain individuals are not eligible for HDC if:
1. Are a Registered Sex offender.
2. Are subject to deportation.
3. Are currently serving a section 17 recall.
4. Are subject to hospital direction.
5. Have an extended sentence.
6. Have a supervised release order.
7. Have an untried warrant.
8. Are serving non-offence terms consecutively to their offence term.
(Scottish Prison Service, 2024)
How does the electronic monitoring work?
Electronic monitoring involves placing a home monitoring unit (HMU) in a person’s residence and attaching an ankle tag. The residence must have an electrical supply. The HMU uses a radio-frequency signal to communicate with the G4S monitoring centre. No incoming or outgoing calls can be accepted, but the HMU can call emergency services if required (Families Outside, 2017).
If and when the individual reaches their liberation date, the Scottish Prison Service will arrange for all electronic monitoring equipment to be removed from the individual and from the registered curfew address.
How long does the Home Detention Curfew (HDC) last?
The maximum period for HDC is 180 days (approximately six months) (Prison Reform Trust).
What happens if conditions are breached?
In Scotland, a breach of the HDC occurs when the individual fails to comply with the conditions of their curfew, including leaving the registered residence during curfew hours and/or tampering with the electronic monitoring equipment.
If the individual breaches the conditions in any of these ways, they may be recalled to prison and their licence revoked. They will then have to serve the remainder of their sentence in prison.
The Scottish Prison Service makes this decision on behalf of Scottish Ministers. It is based on evidence provided by the electronic monitoring company, the Criminal Justice Social Worker, or the police. (Community Justice Scotland, 2025)
There is also a specific offence of remaining unlawfully at large, committed when a person fails to return to custody after their licence has been revoked. The police have the power of entry and search to apprehend individuals unlawfully at large (Scottish Government, 2019).
Resources
https://www.scottishsentencingcouncil.org.uk/education-resources/jargon-buster?c=H
https://www.gov.scot/policies/reducing-reoffending/home-detention-curfew/
https://www.familiesoutside.org.uk/publications/information-sheets/home-detention-curfew-hdc/
https://communityjustice.scot/blogs/what-its-like-to-wear-an-electronic-tag/
https://communityjustice.scot/whats-new/insights/introduction-to-electronic-monitoring/
https://www.sps.gov.uk/family-and-friends/faqs
https://www.sps.gov.uk/sites/default/files/2025-01/Early%20Release%20Family%20Information%20Sheet.pdf
