PSO 4700 Indeterminate Sentence Manual Chapter One Page 1

Chapter 1 INTRODUCTION

1.1Overview

Unlike a prisoner with a determinate sentence who must be released at the end of their sentence, those sentenced to life imprisonment or Imprisonment for Public Protection (IPP), collectively called indeterminate sentenced prisoner(s) (ISP), have no automatic right to be released. Instead, such prisoners must serve a minimum period of imprisonment to meet the needs of retribution and deterrence. This punitive period is announced by the trial judge in open court and is known commonly as the “tariff” period.

1.2No indeterminate sentence prisoner can expect to be released before they have served the tariff period in full. However, release on expiry of the tariff period is not automatic. Release will only take place once this period has been served and the Parole Board is satisfied the risk of harm the prisoner poses to the life and limb of the public is no more than minimal. This means indeterminate sentence prisoners could remain in prison for many more years on preventative grounds after they have served the punitive period of imprisonment set by the trial judge. A release direction can only be made if the Parole Board is satisfied the risk of harm the offender poses to the public is acceptable. The release of indeterminate sentence prisoners is entirely a matter for the Parole Board and their decision is binding upon the Secretary for State.

1.3Sentencing
The Courts must impose a life sentence on any individual convicted of murder. This is the only sentence available for such a conviction.

1.4The maximum sentence that can be awarded by the Courts for a number of other types of offences (for example rape, manslaughter, arson) is life imprisonment. It is for the Court to decide whether the circumstances of the offence and the risk presented by the individual warrant the maximum sentence of life imprisonment.

1.5Types of Life Sentence

The three types of indeterminate sentence available to the Court and the respective age related variants are as follows:

1.6Mandatory Life Sentences

Imprisonment for Life -this is the only sentence that can be imposed on anyone who is convicted of murder and was 21 or over at the time of the offence.

Custody for Life - this is the mandatory sentence for a person aged 18 or over but under 21 at the time of the offence.

Detention during Her Majesty's Pleasure - this is the mandatory sentence for a person convicted of murder who was aged 10 or over but under 18 at the time of the offence.

1.7Discretionary Life Sentences

Imprisonment for Life - this is the maximum sentence for those convicted of a serious offence, e.g. manslaughter, attempted murder, rape, armed robbery, arson, etc. who were 21 or over at the time of the offence

Custody for Life - this sentence may also be imposed where a person aged 18 or over but under 21 at the time of the offence is convicted of any other offence for which a discretionary life sentence may be passed on an adult.

Detention for Life - this is the maximum sentence for a person aged 10 or over but under 18, who is convicted of offences for which a discretionary life sentence may be passed on a person over 21.

1.8Imprisonment (or Detention) for Public Protection (IPP and DPP)

Under Section 225 of the Criminal Justice Act 2003, the courts will impose an indeterminate sentence of IPP when the offender:

is aged 18 or over;

is convicted of a serious specified violent or sexual offence committed on or after 4 April 2005, for which the maximum penalty is 10 years or more; and who

in the court's opinion, poses a significant risk of harm to the public

1.9On 14 July 2008 changes to the above, introduced by Section 47 and Schedule 8 of the Criminal Justice and Immigration Act 2008, came into force. The effect of these changes is that IPP sentences may only be imposed where the offender would be required to serve at least 2 years in custody (i.e. 2 year minimum tariff) or, in the cases of offenders under the age of 18, where the offender has a previous conviction for one of a specified list of very serious offences. The Act also removes the presumption of risk (requirement for judges to conclude that the offender is dangerous) where there is a previous conviction for violent or sexual crime. It also allows courts greater discretion so that, where all the conditions for an IPP sentence are met, the court may impose a sentence of IPP, extended sentence or other sentence as it finds most appropriate in the case.

1.10Detention for Public Protection (DPP)

Under Section 226 of the Criminal Justice Act 2003 a sentence of DPP will be imposed in the circumstances above when the offender is under 18 years of age.

1.11Automatic Life Sentence

The automatic life sentence was replaced by the indeterminate sentence of Imprisonment for Public Protection (IPP) for offences committed on or after 4 April 2005.

1.12In the absence of exceptional circumstances, the courts passed this sentence on anyone who was 18 or over on or after 1 October 1997 who was convicted of a second serious violent or sexual offence. However, there will continue to be automatic life sentence prisoners in the system for some years to come. Transitional arrangements enable those automatic life sentences imposed before 4 April 2005, and the related life licence provisions to remain in force.

1.13Release

The Parole Board has the power to direct the release of all indeterminate sentence prisoners but release can only take place once the minimum period of imprisonment has been served (unless in exceptional compassionate circumstances) and the Parole Board is satisfied the risk of harm the prisoner poses to the life and limb of the public is no more than minimal.

1.14All indeterminate sentence prisoners are released on a licence and are supervised by the National Probation Service. The release licence contains a number of standard conditions the offender must adhere to. On the recommendation of the Parole Board, the licence may also contain additional conditions specific to the individual prisoner, such as the requirement to undertake further offending behaviour work in the community or conditions to exclude the individual from certain places in order to protect the victim or victim's family.

1.15Licences

There are currently slight differences in the licences issued to lifers and IPP.

1.16Released lifers:

are subject to a life licence which remains in force for the duration of their natural life;

may be recalled to prison at any time to continue serving their life sentence if it is considered necessary to protect the public.

1.17Released IPPs:

are subject to an IPP licence ;

may be recalled to prison while the licence remains in force to continue serving their sentence if it is considered necessary to protect the public;

can apply to the Parole Board to have their licence cancelled after 10 years in the community (and, if unsuccessful, at yearly intervals thereafter);

once cancelled by the Parole Board, the licence can not be re-instigated.

1.18Whole Life Orders

Where the trial judge has decided the requirements of retribution and deterrence can only be satisfied by the prisoner remaining in prison for the rest of their life, the trial judge will not set a minimum term of imprisonment. These prisoners are not eligible for a Parole Board review or release. Although a whole life order applies only in mandatory lifer cases, it is open to a trial judge in non-murder cases to decline to set a minimum period of imprisonment, which has the same effect. In both case the prisoner may appeal against the length of imprisonment.

1.19Public Protection Casework Section

Lifer Review & Recall Section (LRRS) joined the National Offender Manager’s Directorate on 1 April 2005. It was renamed the Pre-Release Section in 2007 and following a further re-organisation, joined with the Post Release Section to become the Public Protection Casework Section in September 2008. The main functions of the Section, in respect of indeterminate sentenced prisoners are as follows: -

to monitor the whole Parole Board review process for all indeterminate sentenced prisoners – lifers and IPP

to ensure Parole Board reviews are carried out at the appropriate time;

to consider individual recommendations in those cases where the Parole Board panel has recommended the transfer of an ISP from closed to open conditions;

to consider and, where appropriate, refer cases to the Parole Board for advice on the question of an ISP’s continued suitability for open conditions (and any other matters affecting release);

to monitor the progress of ISP licensees in the community including recall to custody and cancellation of supervision;

to liaise with the Prison Service on operational ISP policy development.

1.20Parole Board

The Parole Board is the independent body protecting the public by making risk assessments about prisoners to decide who may safely be released into the community and who must remain in, or be returned to, custody.The Board determines the release of all indeterminate sentence prisoners. When a minimum term has been served, an ISP may be released subject to supervision on licence by the National Probation Service, if the Parole Board is satisfied it is no longer necessary for the prisoner to continue to be detained in custody.

Issue No. 316Issue date 10/07/09