HDC (Home Detention Curfew): Eligibility, the Tag and Your Curfew in 2026
By Daniel Hockey · Checked against GOV.UK and legislation · Last updated 8 October 2026 · 10 min read
The short answer: HDC home detention curfew lets some prisoners serving standard fixed-term sentences leave prison before their automatic release date, wearing an electronic tag and staying at an approved address for at least 9 hours a day (usually 7pm to 7am). The maximum period on HDC is 365 days. You must have served at least half of your custodial period and at least 28 days, and the custodial period must be at least 6 weeks. Sex offenders on the register, SDS+ prisoners and several other groups are excluded. HDC still operates, but a 2026 provision that would end it for adults awaits commencement.
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| Key fact | Detail |
|---|---|
| Law | Criminal Justice Act 2003, section 246 |
| Maximum time on HDC | 365 days (raised from 180 days in June 2025) |
| Earliest point | Half the custodial period, and at least 28 days served |
| Minimum custodial period | 6 weeks (42 days) |
| Curfew | At least 9 hours a day; policy default 12 hours |
| Minimum time since sentence | 14 days, not counting remand or tagged bail |
| Status in 2026 | Still running; section 26 of the Sentencing Act 2026 not yet in force |
What is HDC?
HDC is a form of early release on licence. You leave prison before your conditional release date (CRD) and live at an approved address under a curfew, monitored by an electronic tag. When you reach your CRD, the curfew ends and you continue on an ordinary licence until the end of your sentence.
HDC is discretionary. Being eligible does not mean you will get it. The prison and probation service must also decide that you are suitable and that your address is safe.
How HDC fits with the 2026 release changes
From 1 October 2026, most adult standard sentences are released automatically at one third, phased in for existing prisoners by sentence length until June 2027. HDC works from that new CRD. Our guide on how long you will actually serve explains the one-third rule.
Will HDC be abolished?
Section 26 of the Sentencing Act 2026 would limit HDC to sentences of detention imposed on children (under section 91 of the 2000 Act or section 250 of the Sentencing Code). When we checked legislation.gov.uk on 8 October 2026, section 26 was not in force and no commencement date had been set. Its savings provision says anyone already on an HDC curfew licence when it starts will not be affected.
Who is eligible for HDC?
The timing rules
| Rule | Requirement |
|---|---|
| Sentence type | Standard determinate sentence |
| Custodial period | At least 6 weeks (42 days) |
| Time served | At least half of the custodial period, and at least 28 days |
| Window | Up to 365 days before the CRD |
| Since sentence | At least 14 days served after sentencing |
| Close to CRD | Not released with fewer than 10 days left to the CRD |
With one-third release, a custodial period of 6 weeks means the sentence needs to be at least about 18 weeks long before HDC is possible.
Worked examples under one-third release
These assume an adult, a non-excluded offence, no remand time and no added days.
| Sentence | CRD (one third) | Earliest HDC date | Maximum time on HDC |
|---|---|---|---|
| 4 months | About 40 days | Not eligible (custodial period under 6 weeks) | None |
| 6 months | About 2 months | About 1 month (and at least 28 days) | About 1 month |
| 12 months | 4 months | 2 months | About 2 months |
| 3 years | 12 months | 6 months | About 6 months |
| 6 years | 2 years | 1 year | 365 days |
| 9 years | 3 years | 2 years (365 days before CRD) | 365 days |
The prison works out your HDC eligibility date (HDCED) in days. It should appear on your release date slip. See our guide to prison release dates for how the dates are calculated.
Who cannot get HDC?
Statutory exclusions
You cannot be released on HDC if:
- you are serving an SDS+ sentence (the serious violent or sexual sentences released at one half, formerly two-thirds)
- you are required to register as a sex offender
- you are serving an extended sentence or a special custodial sentence for a violent or sexual offence
- you are serving a sentence for a terrorist offence covered by section 247A
- you were sentenced for failing to return from temporary release
- you were sentenced for breaching a community order curfew
- you are liable to removal from the UK, or have been recommended for deportation
- you have served less than 14 days since sentence
- you were recalled for breaching an HDC curfew within the previous 2 years
- you are serving a recall after compassionate early release
- you are subject to a hospital order, hospital direction or transfer direction under the Mental Health Act 1983
Presumed unsuitable
These groups can apply, but HDC is refused unless the governor finds exceptional circumstances.
Presumed unsuitable groups include:
- homicide, explosives, offensive weapons, firearms with intent and cruelty to children
- offences aggravated by race, religion or sexual orientation
- stalking, harassment, coercive control, and non-fatal strangulation or suffocation
- a history of sexual offending, even without a registration requirement
- a history of terrorist offending
- recall for poor behaviour on HDC within the last 2 years
- Category A prisoners
- people assessed as high or very high risk of serious harm and managed at MAPPA level 2 or 3
How the HDC process works
The timetable
HMPPS policy sets out a timetable working back from your HDCED.
| When | What happens |
|---|---|
| Within 5 working days of your sentence calculation | Prison checks your HDC eligibility and tells you |
| At least 15 weeks before HDCED | You get the address form |
| No earlier than 12 weeks before | Address checks are commissioned |
| At least 5 weeks before | Decision recorded |
| 2 weeks before | You and others are told the outcome |
If your sentence is short, these steps are compressed, so return the address form quickly.
The address check
Probation checks whether your risk can be managed at the address you propose. The main occupier must give informed consent. The address must have an electricity supply for the monitoring equipment. Probation must make domestic abuse and child safeguarding enquiries with the police and children's services.
If you have nowhere to live
If you have no suitable address, you can be considered for CAS-2 accommodation (formerly known as BASS), which HMPPS provides when someone has no suitable address. It is not available to people with certain sexual offence histories, those assessed as high or very high risk of serious harm, or under-18s. If no suitable CAS-2 place is found, HDC is refused. Our guide on housing after release covers other options.
Reasons HDC can be postponed
HDC can be delayed if there is an ongoing police investigation, you are on remand for another matter, an unduly lenient sentence review is outstanding, or you are segregated.
Life on HDC: curfew hours and conditions
The curfew
The law requires a curfew of at least 9 hours a day. Policy sets a default of 12 hours, usually 7pm to 7am. The hours can be adjusted to fit your circumstances, such as shift work.
The tag
The electronic monitoring provider fits a tag, usually on your ankle, and installs equipment at the address. Staff can visit between 7am and midnight without warning.
Your licence conditions
You sign an HDC licence before release. It includes the curfew and the standard licence conditions. Probation can add further conditions where needed.
Absences from your address
You can ask for one-off absences for set reasons, such as a close relative's wedding or funeral, or a child's medical appointment.
| Absence type | Usual limit |
|---|---|
| One-off event | The event plus 1.5 hours' travel each way; normally no more than 8 hours, never more than 24 |
| Hospital stay | Up to 4 days |
| Court attendance | Up to 72 hours |
Even with an approved absence, you must still keep at least 9 hours of curfew in that day. For an emergency, written proof is needed within 48 hours.
What happens if you breach HDC?
The monitoring provider reports every curfew breach. The Public Protection Casework Section then decides whether to recall you, issue a warning or take no further action. Probation can also recommend recall for breaking non-curfew conditions.
Consequences of recall
- You return to prison. You will usually stay in custody until at least your automatic release point, unless the recall is overturned.
- If you were recalled for breaching the curfew, you cannot get HDC on any sentence imposed within 2 years of release from that recall.
- If you were recalled for poor behaviour, you are presumed unsuitable for HDC for 2 years.
- If you were recalled only because the tag could not be monitored, for example a lost signal at the address, you can be re-released.
Appealing a recall or refusal
HDC recalls are reviewed by the Ministry of Justice HDC recall appeals team. If HDC is refused, you can appeal through the prison complaints system, and then to the Prisons and Probation Ombudsman. Our guide to licence and recall explains recall more generally.
What to do next
- Check your HDCED on your release date slip as soon as it arrives.
- Talk to your household now. Make sure the main occupier understands the curfew and agrees in writing.
- Return the address form quickly. Late forms are a common cause of delay.
- Ask about CAS-2 early if you have no address.
- Keep a clean record. Adjudications and added days can affect suitability and dates.
- Prepare for release. Our guide to preparing for release covers money, housing and your first probation appointment.
For families hosting someone on HDC
You will be asked to consent as the main occupier, and probation will make safeguarding checks with the police and children's services. You can change your mind if circumstances change, so tell probation if the arrangement stops working. HDC can bring someone home weeks or months earlier, but the curfew affects the whole household's evenings. Our guide to maintaining family relationships has more support.
Frequently asked questions
Who is eligible for HDC home detention curfew?
Prisoners serving a standard determinate sentence with a custodial period of at least 6 weeks, who have served at least half of that period and at least 28 days. Many groups are excluded, including registered sex offenders, SDS+ prisoners and people liable to deportation, and some others are presumed unsuitable.
How long can you be on HDC?
Up to 365 days. The maximum rose from 180 days in June 2025. In practice, your time on HDC is limited by the halfway point of your custodial period, so shorter sentences get much less.
What are the curfew hours on HDC?
The law requires at least 9 hours a day. HMPPS policy sets a default of 12 hours, usually 7pm to 7am, but the hours can be changed to suit work or other needs.
Is HDC being scrapped in 2026?
Not yet. Section 26 of the Sentencing Act 2026 would limit HDC to sentences imposed on children, but it was not in force when we checked on 8 October 2026. HDC continues to operate for eligible adults until that changes.
What happens if I break my HDC curfew?
The tag provider reports the breach and the Public Protection Casework Section decides whether to recall you. If you are recalled for breaching the curfew, you cannot get HDC on any sentence imposed within 2 years.
Can I get HDC if I have nowhere to live?
Possibly. You can be considered for CAS-2 accommodation, which HMPPS provides when someone has no suitable address. It is not available to people with certain sexual offence histories or those assessed as high or very high risk. If no suitable place is found, HDC is refused.
Can I leave the house on HDC?
Yes, outside your curfew hours. During curfew hours you need approval for one-off absences, such as a funeral or hospital stay, and must still keep at least 9 hours of curfew that day.
Sources and how we checked this page
This page was written by Daniel Hockey and checked on 8 October 2026 against:
- HMPPS Home Detention Curfew Policy Framework (June 2025)
- GOV.UK: Home detention curfew
- Criminal Justice Act 2003, section 246 (legislation.gov.uk)
- Sentencing Act 2026, section 26 (legislation.gov.uk)
- Sentencing Act 2026, section 23 (legislation.gov.uk)
- Sentencing Act 2026, section 32 (legislation.gov.uk)
- SI 2026/953: Sentencing Act 2026 (Commencement No. 6 and Revocation) Regulations 2026
- Criminal Justice Act 2003, section 244ZA (legislation.gov.uk)
This page is general information about the law in England and Wales, not legal advice. Every case depends on its facts. Speak to a qualified solicitor about your situation.