Imprisonment For Public Protection and Licence After Release

Whilst the controversial IPP sentence has now been abolished courtesy of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, there are thousands of individuals still serving this sentence, and many more individuals on IPP licence after having been released from prison.

Individuals who were sentenced to IPP, and subsequently released, potentially remain on licence for the rest of their lives. However, such offenders can apply for an IPP licence to be cancelled after ten years. The consequence of this is that upon successful application, the individual will not be liable to recall to custody as he would have been had he been on a life licence. 

In order for an IPP licence to be discharged, an application must be made to the Public Protection Unit. A specialist legal practitioner in this field can assist with this. When considering whether or not the licence should be discharged, the PPU will seek advice from the Parole Board. 

Walker v Secretary of State for the Home Department [2008] EWCA Civ 30

Citation: Walker v Secretary of State for the Home Department [2008] EWCA Civ 30

Court: Court of Appeal (Civil Division)

Decision

In Walker, the Court of Appeal held that the Prison Service's failure to provide sufficient offending behaviour programmes was arbitrary and unreasonable, and therefore unlawful. This is of utmost relevance to prisoners serving indeterminate sentences whose release depends on risk reduction which in turn is largely dependent on the completion of such courses. The Court further held that whilst pre-tariff detention is for the punishment of offenders, detention after expiry of the minimum term is to protect the public from those who still pose a risk. Detention past the expiry of the minimum is only justifiable if the prisoner is still dangerous.

Imprisonment for Public Protection ("IPP")

What are IPPs?

IPPs are a form of indeterminate custodial sentence which has now been abolished courtesy of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

What is an indeterminate sentence?

An indeterminate sentence is a type of custodial sentence (i.e. one which is to be served in prison) where the court (i.e. sentencing judge) sets the minimum term of imprisonment an individual must serve before becoming eligible for release by the Parole Board.

Example of an IPP:

Sentencing judge sentences individual to an "IPP with a minimum term of 5 years" = prisoner must serve 5 years in custody before being eligible to come before the Parole Board. The Parole Board then decide whether the individual still poses a significant risk of serious harm to the public. 

What categories of offenders were eligible for IPP?

Sentencing judges had the power to impose IPPs for the following categories of offenders:

• Offenders convicted of serious sexual or violent offences which is punishable by imprisonment for life or a determinate period of 10 years or more;
• in the court’s opinion the offender poses a significant risk to the public of serious harm by the commission of further specified offences;
• the offence is punishable with life imprisonment and the court is satisfied that the seriousness of the offence justifies such a sentence; and
• If the offender had a previous conviction for an offence listed in Schedule 15A CJA 2003, or the current offence warrants a notional minimum term of at least two years.