Probation - custody

Where offenders are sentenced to less than four years' custody, they are automatically released from prison at the half sentence stage but are then supervised in the community on a licence.

There are several sorts of post-custodial licence and these include short-term licences for prisoners serving between 12 months and four years. There are no licences for prisoners serving less than 12 months. For prisoners serving more than four years there are long-term licences. In addition, for certain sexual or violent crimes extended periods of supervision up to a maximum of five years can be added to the sentence to ensure the public are protected and the prisoners post-release rehabilitation continues.

In the cases of prisoners who have committed very serious offences - including murder, manslaughter or rape - the Court may have imposed a life sentence which means they will have to serve a certain period in prison before they can be considered for release.

This period is known as the tariff period and is given for the purpose of 'retribution and deterrence.' Only when this period has been served can the prisoner be considered for release after which a risk-assessment would be carried out.

Such prisoners are released on a life licence which has two elements - firstly the supervision element which means they are under supervision for a number of years; secondly the life licence itself which lasts for their entire life.

Any further convictions or behaviour that causes concern could result in these prisoners being sent back to prison.

In special circumstances the Probation Service can also become involved in the supervision of offenders who have been given Hospital orders instead of prison sentences because of mental health problems.

Post-custodial licences usually contain provisions such as not changing address without permission, reporting to a probation officer when required, not taking up employment without prior approval by a probation officer and not behving in a way that would lead to further convictions.

If prisoners on licence breach any of the conditions they can be either taken back to Court where their licences can be suspended and replaced by a prison sentence or they can be reported to the Parole Committee who could recommend to the Minister for Home Affairs that the licence be revoked and the offender returned to prison.