asked Her Majesty's Government:

What action is taken against prisoners in Northern Ireland who abscond and are recaptured. [HL2676]

A range of sanctions including criminal prosecution are available depending on the circumstances of the case. All prisoners who breach temporary release conditions, on returning to prison, are charged with the offence under Prison Rules, if there is prime facie evidence to support a charge. The prisoner is then adjudicated on by a governor during a disciplinary hearing. If found guilty, the prisoner will be the subject of an adjudication award. Adjudication awards have a maximum of 14 days’ cellular confinement, with loss of association with other prisoners and loss of prison earnings. There are a range of losses of privileges for varying time periods.

Since summer 2002, following a European Court ruling, an adjudicating governor cannot increase a prisoner’s sentence by awarding loss of remission. However, the prisoner’s release date is recalculated and extended by the length of time the prisoner has been unlawfully at large.

Where prisoners have failed to return to prison by the designated date and time the adjudicating governor may decide to deal with the matter internally or can adjourn the hearing and refer the matter to the PSNI for investigation and consideration for prosecution. Section 25 of the Prison Act carries a maximum penalty of 2 years’ imprisonment for being unlawfully at large.

The Prison Service updated its memorandum of understanding with the PSNI and PPSNI last autumn so that any prisoner who has absconded for a significant period of time, normally over 7 days, is referred to the authorities to be considered for prosecution. For shorter time periods governors may refer any case for prosecution if they consider the individual circumstances make it appropriate.

Each individual prisoner’s leave quotas under the pre-release home and resettlement scheme are based upon the length of sentence and continuous custody. If a prisoner breaks continuous custody by remaining out of the prison unlawfully for a full calendar day or more, the prisoner is deemed to have broken continuous custody. As a result the prisoner's entitlement to such leave is recalculated from the day on which he returns to prison, and consequently his home leave quotas will significantly reduce.

In any subsequent application for home or resettlement leave account is taken of any previous leave failures by the Home Leave Board as part of its consideration.