15/10/24
What is IPP Sentence?
An IPP was a sentence of Imprisonment for Public Protection, a type of indeterminate sentence introduced in England and Wales by the Criminal Justice Act 2003. IPPs were given to offenders convicted of one or more serious violent or sexual offences, in circumstances where the court did not think a life sentence would be appropriate but where the offender posed a risk to the public. Prisoners sentenced under this scheme were not given a set release date but instead a minimum term to serve. When that minimum term was served, they were not guaranteed release but instead had to prove they were fit for release.
Traditional Problems with IPP Sentences
These sentences created serious difficulties and the whole IPP sentencing scheme was declared by the European Court of Human Rights in 2012 to be in breach of the prisoner’s right to liberty under Article 5 of the European Convention of Human Rights. This was largely because, unlike with traditional determinate sentences when you have served your time, your punishment is over, there appeared to be no end to an IPP. With no guarantee that you will be released once the minimum period in custody or ‘tariff’ is served, prisoners coming to the end of their tariff must apply for release and there is no guarantee this will happen. In fact, the Ministry of Justice in their 2024 statistics note that around two thirds of the ‘unreleased’ IPP prisoners who have served their minimum tariff period have been held for at least ten years beyond the end of that minimum time.
Even when the parole board determines they are no longer a threat to the public and can be released from custody, the offender remains on licence and liable to recall in the event they breach a licence condition or commit any further offences. The main problem is that the period of the licence is also uncertain and can be indefinite, meaning anyone sentenced with an IPP may continue to have their conviction hanging over them for a lifetime, even if they have served their time and more.
As of the 30 June 2024, there were still 1132 IPP prisoners who had never been released from those sentences. Furthermore, an additional 1602 prisoners who have been released have since been recalled to prison. If you are recalled on an indeterminate licence, you are held in custody indefinitely and your release can only be determined by the parole board.
The findings of the ECHR in 2012 brought an end to the use of IPP sentences for offenders sentenced on or after 3 December 2012 but the ruling did not apply retrospectively and so many offenders who were sentenced to an IPP remain affected by them today.
How do you remove an IPP?
Termination of an IPP licence period means that your sentence has finally been served and all the conditions related to that licence are removed. If termination happens the offender is no longer liable to be recalled to prison in relation to that IPP sentence.
Previously, IPPs were very difficult to terminate with prisoners having to wait until the end of a qualifying period of 10 years after their first release from custody to apply to the Parole Board for consideration. However, this is changing.
The Victims and Prisoners Bill 2024, introduced on the 23 May 2024, makes important changes to IPP sentences, specifically in relation to how licences can be terminated. The changes brought about by the act will come into force in two phases.
Automatic Termination
The first phase, or ‘sunset clause’, commences on the 1 November 2024 and introduces an automatic termination of IPP licences. The new legislation affects the qualifying period, after which offenders can apply for termination, which will be reduced from 10 years to 3 years. However, to be eligible for automatic termination of an IPP on 1 November, the offender must have completed the qualifying period of 3 years and then have been on licence continuously for 2 years in addition to that.
It is important to note that, if someone has been recalled since their first release, that would cause a break in the continuity of the period of the licence period and it would cause the qualifying period to reset. The three years will then start again from the next release from prison.
Therefore, if on the 1st November 2024, someone has had 3 years since the first release and there after the licence has been in force continuously for 2 years, then it will end automatically.
Parole Board Review
On the 1 February 2025, the second phase is introduced and it will enable offenders who were not eligible for the phase one automatic termination, to have an earlier licence termination review.
Offenders will be referred to the Parole Board for a termination review following the end of their qualifying period of three years from their first release from custody. This review will happen even if an offender has been recalled to prison within that three-year period, unless they are still in prison at the point of review, or they have had a review previously.
If it is at least three years but under five years since their first release, an offender will be immediately eligible for a licence termination review by the Parole Board.
What to do if you think you may be eligible for termination
Get in touch with us so that we can advise you and assist with any applications for review.