Eagerly Anticipated Reforms for IPP’s
IPP sentences were introduced in 2006 with the aim of preventing offenders who were considered dangerous from being released automatically, even though the offence did not merit a life sentence. This meant that in order to gain release, they had to go through risk assessments with the Parole Board and achieve a release decision from them. Offenders were also subject, essentially, to life licence.
The IPP sentence was abolished in 2012, however, this was not retrospective and only meant that going forward an alternative sentence would be imposed for those coming through the Courts. For those who were already living and dealing with the sentence, nothing would change. This therefore meant that there were still thousands of people with IPP sentences in the Community and in Prisons who were and are still subject to this unfair and inhumane sentence.
Over the years, campaigners have fought hard for reform on this sentence. Initially it seemed that little was being done about it. However, over recent years, there have been a number of reviews of this sentence which has led to some reform. The biggest changes have come relatively.
New Legislation
To remedy this unjust situation, new Legislation was introduced in June 2022 to enable IPP offenders, whether in prison or the Community, to apply for their IPP licence to be terminated ten years after their initial release date. This is regardless of whether they have been recalled to prison at any point during the ten-year period.
After the ten-year qualifying period, the matter would automatically be referred to the Parole Board to review the licence. This involved the COM preparing a termination review report which would provide the Parole Board with an update as to compliance and progression. This would also provide a professional opinion on whether or not they feel that risks are such that the licence should be terminated.
The Government have then announced additional Reforms which go further than ever before in tackling the issues with this sentence that remains a stain on the Prison system. These Reforms will mean that after three years of being in the Community, a person with an IPP sentence will be automatically referred to the Parole Board to assess whether their licence could be terminated. When considering these applications, the Parole Board will be asked to consider them with the presumption that the application will be successful.
If the Licence is not terminated at the three-year point by the Parole Board, the IPP licence will automatically terminate after a further two years provided the offender is not recalled to prison in that time. This is a monumental change because for the first time IPP offenders will have a defined Sentence End Date (SED) which is five years after release, provided they have not been recalled. Unfortunately, offenders who have been recalled to prison or taken into secure hospitals will not be eligible.
The changes will be applied retrospectively, meaning Licences will immediately end for around 1,800 rehabilitated offenders who have been in the community for 5 years or more.
The processes are still very much in their infancy, and we are currently awaiting the professional guidance in order that we can see how this will work in practice.
The End of IPP Sentences?
There is finally light at the end of the tunnel for thousands of IPP offenders who now have the hope that they will be able to live in the community without this IPP sentence hanging over their head. It is very important to note that once the IPP licence has been terminated, that person cannot be recalled under the IPP again.
These termination reviews follow the same process as a Parole or Recall review, in that the COM will prepare a termination report with their recommendations and then you will have the opportunity to submit representations. The matter will then be heard at a paper review and a decision made as to whether an Oral Hearing is needed. If it is needed a full hearing will take place.
Therefore, it is important those who are serving an IPP sentence or have an IPP licence, contact a prison law Solicitor in order to check their eligibility and establish how the new legislation could impact you. If you are eligible for a review then you should secure this Solicitor to assist you with the process, make representations and if necessary, represent you at the hearing.
How A Potential New Bill Could Change IPP Sentences
There has recently been a draft Bill for the re-sentencing of all IPP prisoners. It is proposed that if passed, a committee will be set up that will oversee this process, and a process will take place to resentence the remaining people serving these sentences. They will return to Court where the court will impose a new sentence, but this sentence cannot be greater than the one already imposed with the IPP sentence. Whilst this would be welcomed by campaigners and those with the sentence themselves, it is only a proposal at the moment.
The Bill has to be agreed and passed by the Government however, at present it seems that the secretary for Justice and the Judiciary are opposed to this Bill. It is therefore also likely that Labour MP’s will be rallied to object to it also. Why? Most likely because they are considering the impact on an already failing Criminal Justice system, considering the costs and the Court time, in bringing these matters back to Court not having regard for the impact these sentences have in the people themselves.
Whilst this Bill may now make it to Law, it is positive that these conversations are still taking place, and that the Government is perhaps recognising the impact of this sentence and how much of a burden it is on Prisons and Criminal Justice System as a whole. We can only hope that further reforms come soon but for now we concentrate on removing the licences of those who are eligible, to ensure that they can get on with their lives without the sentence hanging over them and without fear of recall.
At Reeds Solicitors we have a very experienced team who can assist with all IPP matters and guide you through the process. We also keep ourselves very up to date with new IPP legislation and are able to provide you with up to date advice on these matters.
If you or someone you know is going to have a Parole Review, it is important you speak to one of our solicitors. Call us today on 01865 592670 to discuss your case or complete enquiry form on our contact page here. Alternatively please email [email protected]