Imprisonment for Public Protection (Re-sentencing) Bill [HL]

A Bill to make provision for a resentencing exercise in relation to all Imprisonment for Public Protection (IPP) sentenced individuals; to establish a time-limited expert committee, including a member of the judiciary, to advise on the practical implementation of such an exercise; and for connected purposes.

This is the latest version of the Bill

Available Versions

4 Sep 2024
Lords: Committee
HL Bill 19 (as introduced)
(19 amendments)

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Bill PDF
HL Bill 19 (as introduced)
Latest Amendments
HL Bill 19-I Marshalled list for Committee

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4 New Clauses Proposed

Page 1

 
1
Re-sentencing individuals serving a sentence of imprisonment for public
 

protection

 
 
(1)
The Lord Chancellor must make arrangements to ensure every individual
 
 
serving an IPP sentence, whether in prison or the community, has been
 
 
re-sentenced within 24 months of the day on which this Act is passed.
5
 
(2)
The Lord Chancellor must establish a committee to provide advice regarding
 
 
the discharge of the Lord Chancellor’s duty under subsection (1).
 
 
(3)
The committee established by virtue of subsection (2) must include a judge
 
 
nominated by the Lord Chief Justice, and must lay a report before Parliament
 
 
on the process of re-sentencing individuals serving an IPP sentence within
10
 
12 months of being appointed.
 
 
(4)
The Lord Chancellor may disband the committee established by virtue of
 
 
subsection (2) when they consider appropriate after a report has been
 
 
published under subsection (3), but must disband the committee once all
 
 
those serving IPP sentences have been re-sentenced.
15
 
(5)
Once the Lord Chancellor has initiated arrangements under subsection (1), a
 
 
court that imposed an IPP sentence must re-sentence the person serving an
 
 
IPP sentence in relation to the original offence.
 
 
(6)
The court may not impose a sentence that is a heavier penalty than the tariff
 
 
that was imposed for the original offence.
20
 
(7)
In relation to the exercise of the power in subsection (5)—
 
 
(a)
that power is to be treated as a power to re-sentence under section
 
 
402(1) of the Sentencing Act 2020;
 

Page 2

 
(b)
the Sentencing Code applies for the purposes of this section (and,
 
 
accordingly, it does not matter that a person serving an IPP sentence
 
 
was convicted of an offence before 1 December 2020).
 
2
Interpretation
 
 
In this Act—
5
 
“IPP sentence” means—
 
 
(a)
a sentence of imprisonment or detention in a young offender
 
 
institution for public protection under section 225, since
 
 
repealed, of the Criminal Justice Act 2003, or
 
 
(b)
a sentence of detention for public protection under section 226,
10
 
since repealed, of that Act (including such a sentence of
 
 
imprisonment or detention passed as a result of section 219 or
 
 
221 of the Armed Forces Act 2006);
 
 
“original offence” means the offence in relation to which the IPP sentence
 
 
was imposed.
15
3
Extent, commencement and short title
 
 
(1)
This Act extends to England and Wales only.
 
 
(2)
This Act comes into force at the end of the period of two months beginning
 
 
with the day on which it is passed.
 
 
(3)
This Act may be cited as the Imprisonment for Public Protection
20
 
(Re-sentencing) Act 2024.
 
Amendments

No amendments available.