Question to the Ministry of Justice:

To ask the Secretary of State for Justice, when Scott Kelly will be eligible for re-release from prison after being returned to custody as a result of breaching his licence conditions arising from a sentence of imprisonment for the attempted murder of Stephen Rank in Exeter in 2005.

It would not be appropriate to place in the public domain information specific to the sentence of an individual prisoner.

The decision whether to recall an offender who is serving a determinate sentence and is subject to licence supervision is taken by the Secretary of State. Once returned to custody, the prisoner’s continued detention is reviewed by the independent Parole Board after 28 days and annually thereafter.

Both the Parole Board and the Secretary of State have the statutory power to re-release a determinate sentence recalled prisoner, but only if they are satisfied that it is safe to do so. If they are not so satisfied, the prisoner must remain in custody until the expiry of their sentence.