Release on temporary licence

Release on Temporary Licence, often called ROTL, allows some people in prison to leave for an approved purpose and limited time.

ROTL is not final release from prison. You remain in custody, must return by the time on your licence and must follow every condition on it.

ROTL is not automatic. Being allowed to apply does not mean that the prison will approve the request. Each application is assessed for safety, security and risk.

This guide is mainly about adult prisons and young offender institutions. Children in the youth custody estate are covered by a separate Youth Custody ROTL Policy Framework.

What has changed?

This updated guide explains that ROTL is a discretionary, risk assessed temporary release rather than an entitlement. It clarifies the four main types of ROTL, who can apply, overnight address checks, Restricted ROTL, safeguarding and victim considerations, temporary release failure, written refusal reasons and the complaints process.

What can ROTL be used for?

ROTL may support resettlement, work, training, education, accommodation, family responsibilities, healthcare or exceptional personal circumstances.

The prison must decide whether the proposed release is safe and appropriate. ROTL must have an approved purpose and conditions that manage the risks in the individual case.

The main legal framework is Prison Rules 1999, rule 9 and the HMPPS Release on Temporary Licence Policy Framework.

Types of ROTL

Resettlement Day Release

Resettlement Day Release, or RDR, allows temporary release during the day for an approved resettlement activity. This may include work, training, education not available in prison, accommodation related activity, family ties or another activity linked to a sentence or resettlement plan.

The licence will state the approved activity, destination, travel arrangements, conditions and return time.

Resettlement Overnight Release

Resettlement Overnight Release, or ROR, allows a person to stay overnight at an approved address for a resettlement purpose. It may help with family ties, work, training, accommodation or preparation for release.

The proposed address may need to be checked before the licence is approved. ROR is normally limited to one release every 28 days and no more than four nights. The exact dates and conditions will be stated on the licence.

Successful RDR should normally happen before ordinary ROR, but each decision depends on the individual case.

Childcare Resettlement Licence

A Childcare Resettlement Licence, or CRL, may be considered for a person with primary caring responsibility for a child under 18. Its purpose is to help maintain the parent child relationship and prepare for parental responsibilities after release.

The prison must consider safeguarding, risk and the child’s interests. Children’s services must be consulted before a CRL is authorised. Approval is not automatic, even where the person has primary caring responsibility.

Special Purpose Licence

A Special Purpose Licence, or SPL, may be used for urgent or exceptional circumstances. Examples can include compassionate family circumstances, essential medical treatment, court or tribunal hearings, some family court matters, or other approved criminal justice needs.

Each request is assessed on its facts. The prison will decide whether release can be granted safely and what conditions are needed.

Who can apply?

Whether you can apply depends on:

Some people cannot be considered for ROTL. Others may be able to apply but may not be suitable to be approved because of the risks in their individual case.

For example, Category A adult men, women or young offenders with restricted status, people on the escape list, people on remand or awaiting sentence, and some other groups cannot be considered for ROTL. Category B prisoners cannot receive ordinary RDR or ROR.

Immigration status can also affect ROTL. People liable to deportation or removal may face further restrictions. Ask the prison offender manager or obtain immigration and prison law advice if this may apply.

See GOV.UK: ROTL and open conditions for foreign national prisoners.

Restricted ROTL

Some people are subject to a stricter ROTL process because of their sentence type or assessed risk. This is called Restricted ROTL.

Restricted ROTL has additional safeguards. It can involve a higher level decision, consultation with probation and police, additional monitoring and, in many cases, open prison placement or an assessment that open conditions are suitable.

Restricted ROTL is not the same as ordinary ROTL and is not available at every prison. It can apply to people serving indeterminate, extended or certain terrorism related sentences, and to people assessed as presenting high or very high risk of serious harm.

How to apply

Ask prison staff for the ROTL application form and local process. You may be asked to explain:

The prison may need information from probation, police, children’s services, healthcare, the proposed host or placement provider, and other relevant agencies. The prison assesses both you and the specific activity proposed.

You should receive the decision in writing. If ROTL is refused, ask for the reasons and for information about whether you can apply again.

Conditions and returning to prison

Every temporary release has a written ROTL licence. Read it carefully before you leave. It will state the approved purpose, destination, dates, return time and conditions.

Conditions may include travel arrangements, who you can see, places you cannot go, reporting requirements, alcohol or drug restrictions, monitoring or staff supervision. This is not a complete list.

You must follow every condition and return by the stated time. If you think you will be late or cannot return, contact the prison immediately using the contact details on your licence. Do not wait until the return time has passed.

If you do not return on time

Failing to return from ROTL is called a Temporary Release Failure. It is different from absconding from open prison conditions.

The prison may suspend or end ROTL, review your security conditions, take disciplinary action and consider the incident when deciding future applications. Serious circumstances may lead to police action or other consequences.

If you could not return because of circumstances beyond your control, tell the prison immediately and keep any evidence that explains what happened.

See GOV.UK: Prevention of Abscond Policy Framework.

Victims, children and safeguarding

Before ROTL is authorised, the prison may need to check whether there are victim protection or safeguarding concerns.

Eligible victims in the Victim Contact Scheme may have an opportunity to make representations about conditions that affect them. The prison may use exclusion zones, no contact conditions or other restrictions to protect victims, children or other people.

If you are applying for CRL or your ROTL involves a child, the prison will need to consider the child’s safety and interests. Children’s services must be consulted before a CRL is authorised.

If ROTL is refused or stopped

Ask for the decision and reasons in writing. You can ask what information was considered and whether you can apply again.

If you think the decision or process was wrong, use the prison complaints process. A complaint is different from a legal challenge, so get legal advice promptly if you think the decision is unlawful or affects another legal case.

If you cannot write, need an interpreter or need an accessible form, ask staff for help to use the complaints process.

See GOV.UK: Prisoner Complaints Policy Framework.

Key points to remember

Official sources

This guide provides general information, not legal advice. Get advice from a qualified prison law or criminal solicitor about your ROTL eligibility, refusal, conditions or a Temporary Release Failure.