IPP Licence
Termination of an IPP sentence
Imprisonment for Public Protection, known as IPP, was a sentence introduced in 2005 and abolished in 2012. Despite being abolished, thousands of prisoners remain either in custody or on licence under this sentence, often many years beyond their original tariff (the minimum period set by the judge at the time of sentencing).
If you or a family member are subject to an IPP licence, it is important to understand there is a legal route to bring the licence to an end.
The Victim and Prisoners Act 2024 has introduced the ability for the Parole Board to terminate an IPP sentence once a “qualifying period” has expired – this means two years after the first release of someone serving an IPP sentence. This is regardless of whether a recall has occurred within that time.
If that person is in the community, the referral to the Parole Board will take place automatically. The Parole Board will terminate an IPP licence unless it is felt that it is necessary for the protection of the public for it to remain in place. Should the Parole Board refuse the initial application for termination, those on IPP licence in the community can re-apply for termination one year after the initial referral.
If someone’s qualifying period (2 years since initial release) has expired their licence will be terminated automatically once they have spent two more continuous years in the community. This means that someone who spends four continuous years in the community following their first release will have their licence automatically terminated.
This would also apply where someone has been recalled before they have spent that initial two years in the community. Where the two-year anniversary of first release (the qualifying period) passes while someone is serving a recall, so long as that person goes on to spend two continuous years in the community after any future release, their licence will be terminated automatically.
In addition, if the two-year anniversary of first release (the qualifying period) passes after someone is in custody having been recalled, the Parole Board will be able to consider termination of the IPP Licence at any parole hearing.
How we can help
Our team can assist you in drafting representations as part of the IPP Termination review. If a client is currently on IPP licence and unsure of their rights.
Even where an earlier application has been unsuccessful, it may be possible to reapply and we can advise on what steps should be taken in the meantime to strengthen your position.
