Legislative Changes Announced for IPP Offenders Undergoing Community Supervision

On September 5th, significant legislative changes concerning offenders serving Indeterminate Sentences of Imprisonment for Public Protection (IPP) were announced by the Lord Chancellor and Secretary of State for Justice. These amendments are scheduled to occur in two stages, significantly impacting IPP offenders integrated within community supervision.

The initial phase, commencing on November 1, 2024, stipulates that any individual released on an IPP license five or more years ago, and having remained continuously in the community for the last two years without recall, will have their license terminated without requiring Parole Board review. Furthermore, the Secretary of State will possess two new ‘Risk Assessed Recall Review’ (RARR) powers: ensuring the two-year period is not reset post-re-recall and allowing re-release of recalled individuals without Parole Board referral in exceptional cases. Routine releases, however, will continue to be adjudicated by the Parole Board.

The subsequent phase, taking effect on February 1, 2025, reduces the minimum period for cases to be referred to the Parole Board from ten years to three years post-first release (for offenders convicted over 18) or two years (for offenders convicted under 18). Should the Parole Board decline to terminate the license after review, licenses will conclude automatically after two continuous, un-recalled years in the community from that point. Importantly, this alteration does not alter conditions for those presently serving IPP sentences in custody, who must still demonstrate to the Parole Board that they pose no risk to public safety upon release.

In her official statement, the Lord Chancellor expressed a commitment to a “safe and sustainable release” for IPP prisoners, ensuring measures would not compromise public protection. “Commencing these measures is the first step,” she stated, indicating an intent to consult expert bodies for continued progress in this domain.

Meanwhile, the families of IPP offenders have called for a parliamentary investigation into mental health support for their incarcerated relatives. Accusations of inadequate resources leading to “life-long mental health issues” have been directed at the historic open-ended IPP sentences, now abolished since 2012. This concern has been formally raised with parliament’s Justice Select Committee, as families urge an inquiry given the sentence’s lasting mental health impacts.

Clara White exemplified these impacts, highlighting her brother’s enduring psychosis due to serving a lengthy IPP sentence for minor theft. The destructive mental health consequences of these sentences, emphasized by relatives like Ms. White and Cherrie Nichol, underline the urgency of reviewing support systems for prisoners still affected by the IPP framework.

Andy Slaughter MP, chair-elect of the Justice Select Committee, stressed the ongoing neglect of IPP prisoners and advocated for a feasible resentencing exercise. He acknowledged the wide consensus on the need for a corrective approach, despite fears of potentially releasing dangerous individuals.

The Ministry of Justice has acknowledged the sentence’s abolition as beneficial. A spokesperson affirmed efforts to “significantly shorten license periods” for rehabilitated individuals, pledging continued collaboration with relevant organizations to sustain public protection while supporting those serving IPP sentences.