Under the current framework, SDS offenders can be recalled to prison on either a "fixed term" (FTR) or "standard" basis (these are the terms used operationally). Offenders subject to a FTR are automatically released at the end of the recall period. The length of this recall is set in primary legislation (currently 28 days or 14 days for those sentenced to less than 12 months). Offenders subject to a standard recall can be detained until the end of their sentence unless released earlier by either the Secretary of State or the Parole Board in accordance with the statutory release test. Pressure on the Parole Board has meant that some offenders experience lengthy delays waiting for review of their recall.
	The ISR’s review of the sentencing framework included looking at the recall population which has more than doubled over the seven-year period from March 2018 to 2025 from c.6,000 to c.13,600. Recall operates within a wider probation and prison system and is an important response to non-compliance and escalating risk. The ISR and this Act maintain recall as a public protection measure.
	The Act removes existing short-term recalls and replace them with a longer 56-day recall. This change aims to give probation more time to implement risk management plans and set appropriate licence conditions to ensure their safe re-release into the community. The Act also removes standard recall for most SDS offenders but introduces important public protection measures to allow some offenders to be placed on a longer recall in specific circumstances.
	To protect the public, the Act excludes the following offenders from receiving a 56-day recall and instead they will receive a mandatory standard recall should they reach the recall threshold:
Offenders under the highest risk management levels (Multi Agency Public Protection Arrangement "MAPPA" levels 2 or 3).
Offenders who have been convicted of terrorism or terrorism connected offences, as well as those who pose a terrorist risk.
Offenders who have been convicted of certain offences involving or connected with a threat to national security as well as those who may be at risk of involvement in foreign power threat activity.
Offenders who have been recalled on account of being charged with an offence.
Certain sentences such as extended sentences and sentences for orders of particular concern and repatriated murders serving a determinate sentence.
	Additionally, the Act introduces an accompanying measure that gives the Secretary of State a discretion to determine that an offender is not suitable for automatic release where further information is received following the start of a fixed term recall that the offender now meets one or more of the above exclusions.
	The ISR suggested there could be a mechanism that allows detention beyond the 56 days where further risk management is deemed necessary to prevent dangerous offenders from being automatically released after the 56-day period. The ISR recommended that this should be used exceptionally. The Act introduces a new power to keep SDS offenders in custody beyond 56 days where they meet the threshold set out in the Act. This test is that the Secretary of State believes on reasonable grounds that the prisoner would, if released, pose a significant risk to members of the public of serious harm occasioned by the commission of murder or certain specified violent, sexual or terrorist offences.
	The ISR further suggested that in cases where SDS offenders can be safely re-released into community supervision before the full FTR period, there could be a mechanism to review and re-release these individuals earlier than 56 days to be used exceptionally. There is currently a power for the Secretary of State to release offenders at any time following recall (whether fixed term or standard) provided they meet the statutory release test. This power remains.
	These changes do not apply to youth standard determinate sentences – namely those sentenced under section 250 of the Sentencing Code or serving historic sentences under section 91 of the Power of Criminal Courts (Sentencing) Act 2000. Youth sentences were not considered by the Independent Review of Sentencing and the operational challenges mentioned above, namely a significant increase in recall numbers and Parole Board backlogs, are not experienced by the youth justice system.
	The Act preserves the existing recall regime for youth sentences, so individuals sentenced as children to a section 250 or section 91 will continue to be eligible for either a fixed term recall of 14 or 28 days, if the requisite test is met, or a standard recall.
	This exclusion from the new recall model continues to apply where an individual turns 18 while serving a youth sentence, as long as they are not also subject to a standard determinate sentence received as an adult.
Policy background Part 2: Management of offenders after sentencing Recall and further release