![]() This would have exposed the public to unacceptable risk of serious harm. The Government recognised that to re-sentence those relevant individuals would result in the immediate release of many without an assessment by the independent Parole Board that they could be managed safely in the community. However, this abolition was not applied retrospectively. IPP sentences were abolished in 2012 by the Legal Aid, Sentencing and Punishment of Offenders Act because they were used too widely and inconsistently. At the end of the minimum term, they could only be released if the Parole Board was satisfied that they were safe to be released on licence. Under the sentence, offenders were given a minimum term which had to be served in custody in full. An IPP sentence could be received for sexual and violent offences such as robbery, indecent assault on a child, or wounding with intent. The Imprisonment for Public Protection (IPP) sentence was introduced in 2005 as an indeterminate sentence targeted at serious offenders who, although they were thought to pose an ongoing risk to public safety, did not merit a life sentence. This change will ensure that all eligible IPP offenders are referred to the Parole Board for consideration for licence termination and will therefore bring the IPP licence, and sentence as a whole, to a definitive end for more offenders. In these cases, the Parole Board will determine if it is necessary for the protection of the public that, when released, the offender remains under the IPP licence. ![]() The law clarifies that offenders who are in prison following recall under the IPP licence or are serving another determinate sentence (without having been recalled under the IPP licence) will also be automatically referred to the Parole Board by the Secretary of State. Where the Parole Board opts to keep the licence in place, the Secretary of State will automatically re-refer them every 12 months. The PCSC Act will, instead, place a requirement on the Secretary of State to automatically refer eligible IPP offenders to the Parole Board, removing the need for the offender to give permission for such a referral to be made. However, the current statutory provisions provide that the offender has to make the application, so permission has to be sought from the offender for the Secretary of State to make the application on their behalf. The Secretary of State has made it his policy to seek to refer every eligible offender to the Parole Board. Where the Parole Board decides to terminate an offender’s IPP licence, the result will be to bring the licence and thereby the sentence as a whole to a definitive end. Those serving Imprisonment for Public Protection (IPP) sentences are eligible to have their licence terminated at the discretion of the Parole Board once 10 years have elapsed from their first release. The law will require the Secretary of State for Justice to refer every eligible Imprisonment for Public Protection (IPP) offender to the Parole Board for consideration for licence termination. ![]() Lord Brown of Eaton-under-Heywood What are we going to do? It is clear that there is huge support for amendment … around the House. ![]()
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