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Written Question
Prison Sentences
Monday 29th July 2024

Asked by: Lord Moylan (Conservative - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government what plans they have to review the cases of those still subject to the "two strikes” sentence imposed under the Powers of Criminal Courts (Sentencing) Act 2000 or the “automatic life" sentence introduced in 2012; and whether there is scope to align their licence conditions with those imposed through the Victims and Prisoners Act 2024 on prisoners serving an indeterminate sentence for public protection.

Answered by Lord Timpson - Minister of State (Ministry of Justice)

Section 2 of the Crime (Sentences) Act 1997 (the 1997 Act) introduced a mandatory life sentence for a second serious offence, meaning judges had to impose a life sentence on anyone convicted of a second specified serious offence, unless there were exceptional circumstances.

Although the ‘two-strike’ life sentence and the IPP sentence can be imposed for similar specified offences, unlike the IPP sentence, the ‘two-strike’ life sentence is a life sentence, and offenders will therefore be subject to licence conditions for life if they are released by the Parole Board. The recent changes to the IPP licence, which can be terminated pursuant to section 31A of the 1997 Act, would therefore not align with this life licence.

We will be launching a review of the sentencing framework. The details of this review will be announced in due course.


Written Question
Scott Rider
Wednesday 24th July 2024

Asked by: Lord Moylan (Conservative - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government when they will respond to the regulation 28 prevention of future deaths report issued on 12 April by the Senior Coroner for the coroner area of Milton Keynes in the case of Scott Rider, to which a response was due under statute by 23 May.

Answered by Lord Timpson - Minister of State (Ministry of Justice)

The Ministry of Justice’s response to the Regulation 28 Prevention of Future Deaths report issued on 12 April by the Senior Coroner for Milton Keynes was sent by the Director General of Operations for HM Prison and Probation Service on 15 May 2024.


Written Question
Prison Sentences
Monday 4th December 2023

Asked by: Lord Moylan (Conservative - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government how many people are currently in prison serving an imprisonment for public protection sentence who have been held for 10 years or more beyond their original tariff, broken down by the exact number of years over tariff.

Answered by Lord Bellamy

On 16 October 2023, the Lord Chancellor announced he would be looking at options to curtail the licence period to restore greater proportionality to IPP sentences in line with recommendation 8 of the report by the Justice Select Committee (JSC), published on 28 September 2022.

These changes are being taken forward in the Victims and Prisoners Bill. The measures will make it quicker and easier to terminate an IPP licence (and therefore the IPP sentence as a whole) whilst balancing public protection considerations.

The new measure will:

  1. Reduce the qualifying period which triggers the duty of the Secretary of State to refer an IPP licence to the Parole Board for termination from ten years to three years;
  2. Include a clear statutory presumption that the IPP licence will be terminated by the Parole Board at the end of the three-year qualifying period;
  3. Introduce a provision that will automatically terminate the IPP licence two years after the three-year qualifying period, in cases where the Parole Board has not terminated the licence; and
  4. Introduce a power to amend the qualifying period by Statutory Instrument.

The Lord Chancellor was persuaded by the Committee’s recommendation to reduce the qualifying licence period from 10 years to 5 years and is going further: reducing the period to 3 years. These amendments will restore greater proportionality to IPP sentences and provide a clear pathway to a definitive end to the licence and, therefore, the sentence.

In addition to these changes, the actions this Government are taking are working; the number of prisoners serving the IPP sentence who have never been released now stands at 1,269 as of September 2023, down from more than 6000 in 2012.

Table 1: The tariff-expired Imprisonment for Public Protection (IPP) prisoner population at least 10 years over tariff, 30 September 2023.

Time over tariff

Count

From 10 years to less than 11 years

132

From 11 years to less than 12 years

117

From 12 years to less than 13 years

128

From 13 years to less than 14 years

128

From 14 years to less than 15 years

94

From 15 years to less than 16 years

62

From 16 years to less than 17 years

21

From 17 years to less than 18 years

1

From 18 years to less than 19 years

1

Total

684

Please note:

(1) The figures in these tables have been drawn from administrative IT systems which, as with any large scale recording system, are subject to possible errors with data entry and processing.


Written Question
Prisoners: Self-Harm
Tuesday 28th November 2023

Asked by: Lord Moylan (Conservative - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government how many incidents of self-harm were recorded by people serving a sentence of Detention for Public Protection in each year since 2005.

Answered by Lord Bellamy

On 16 October 2023, the Lord Chancellor announced he would be looking at options to curtail the licence period to restore greater proportionality to IPP sentences in line with recommendation 8 of the report by the Justice Select Committee (JSC), published on 28 September 2022.

These changes are being taken forward in the Victims and Prisoners Bill. The measure will make it quicker and easier to terminate the IPP licence (and therefore the IPP sentence as a whole) whilst balancing public protection considerations.

The new measure will:

  1. Reduce the qualifying period which triggers the duty of the Secretary of State to refer an IPP licence to the Parole Board for termination from ten years to three years;
  2. Include a clear statutory presumption that the IPP licence will be terminated by the Parole Board at the end of the three-year qualifying period;
  3. Introduce a provision that will automatically terminate the IPP licence two years after the three-year qualifying period, in cases where the Parole Board has not terminated the licence; and
  4. Introduce a power to amend the qualifying period by Statutory Instrument.

The Lord Chancellor was persuaded by the Committee’s recommendation to reduce the qualifying licence period from 10 years to 5 years and is going further: reducing the period to 3 years. These amendments will restore greater proportionality to IPP sentences and provide a clear pathway to a definitive end to the licence and, therefore, the sentence, while balancing public protection considerations.

In addition to these changes, the actions this Government are taking are working; the number of prisoners serving the IPP sentence who have never been released now stands at 1,269 as of September 2023, down from more than 6000 in 2012.

We have provided a breakdown of the incidents of self-harm that were recorded by people serving a sentence of Detention for Public Protection in each year since 2012 in the below table:

Number of self-harm incidents by prisoners serving a sentence of Detention for Public Protection 2012 to 2022

Year

Number of self-harm incidents

2012

96

2013

137

2014

167

2015

183

2016

229

2017

226

2018

219

2019

348

2020

300

2021

339

2022

251

Data Sources and Quality

These figures have been drawn from the HMPPS Incident Reporting System. Care is taken when processing and analysing returns but the detail is subject to the inaccuracies inherent in any large scale recording system. Although shown to the last case, the figures may not be accurate to that level.

(1) Figures include incidents within the youth estate and during contracted out escorts.

(2) In prisons, as in the community, it is not possible to count self-harm incidents with absolute accuracy. In prison custody, however, such incidents are more likely to be detected and counted. Care needs to be taken when comparing figures shown here with other sources where data may be less complete.

(3) Indeterminate sentences of Imprisonment for Public Protection (IPP) and Detention for Public Protection (DPP) were introduced in 2005. They were intended for high risk prisoners considered ‘dangerous’ but whose offence did not merit a life sentence. The number of prisoners held on these sentences increased initially and the increase was offset by reductions elsewhere.

(4) Sentence type information is only available for a small proportion of incidents prior to 2012, so it is not possible to provide a reliable breakdown by sentence type prior to then.

(5) The numbers provided in this table result from a matching between NOMIS data and Public Protection Unit Database (PPUD) data. A total of 13 prisoners identified in the PPUD data did not have an associated NOMIS identifier. Additionally, the figures in the table only includes individuals identified in NOMIS as serving IPP or DPP sentences, and also as serving a DPP sentence in PPUD data. The figures provided here are an estimate based on these two sources and as inconsistencies in recording between these two sources exist the figures should be treated with caution.

(6) Includes known DPPs in prison regardless of whether they are unreleased or have been recalled, or if they have subsequently been resentenced.


Written Question
Compulsorily Detained Psychiatric Patients
Tuesday 28th November 2023

Asked by: Lord Moylan (Conservative - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government, of those currently serving an imprisonment for public protection sentence on licence in the community, how many have been held in a secure hospital at any point during their sentence.

Answered by Lord Bellamy

Where 10 years have elapsed since the Parole Board first directed the release of an offender serving a sentence of Imprisonment for Public Protection (IPP), the Secretary of State must by law refer that offender to the Parole Board, in order for the Board to determine whether to terminate the offender’s IPP licence. The minimum 10-year period is not paused or reset if an offender is recalled to prison or serves a subsequent sentence for further offences. Where the Board does not terminate the licence, the Secretary of State must by law re-refer the offender every 12 months. This ensures that every eligible offender is considered by the Parole Board annually and will enable the IPP licence, and the IPP sentence as a whole, to be brought to a definitive end for more offenders.

On 16 October 2023, the Lord Chancellor announced he would be looking at options to curtail the licence period to restore greater proportionality to IPP sentences in line with recommendation 8 of the report by the Justice Select Committee’ (JSC) report, published on 28 September 2022.

These changes are being taken forward in the Victims and Prisoners Bill.

The new measure will:

  1. Reduce the qualifying period which triggers the duty of the Secretary of State to refer an IPP licence to the Parole Board for termination from ten years to three years;
  2. Include a clear statutory presumption that the IPP licence will be terminated by the Parole Board at the end of the three-year qualifying period;
  3. Introduce a provision that will automatically terminate the IPP licence two years after the three-year qualifying period, in cases where the Parole Board has not terminated the licence; and
  4. Introduce a power to amend the qualifying period by Statutory Instrument.

The Lord Chancellor was persuaded by the Committee’s recommendation to reduce the qualifying licence period from 10 years to 5 years and is going further: reducing the period to 3 years. These amendments will restore greater proportionality to IPP sentences and provide a clear pathway to a definitive end to the licence and, therefore, the sentence.

In addition to these changes, the actions this Government are taking are working; the number of prisoners serving the IPP sentence who have never been released now stands at 1,269 as of September 2023, down from more than 6000 in 2012.

Table 1: Shows the number of offenders serving an IPP sentence under pre- and post-release supervision who are eligible to be considered for termination of their licence, at end of period, December 2020 to June 2023, England and Wales.

Period

Eligible

2021 Q1

187

2021 Q2

237

2021 Q3

299

2021 Q4

391

2022 Q1

477

2022 Q2

571

2022 Q3

662

2022 Q4

769

2023 Q1

842

2023 Q2

945

Please Note:

(1) This table includes IPP offenders who have been returned to custody following a recall.

(2) The figures in these tables have been drawn from administrative IT systems which, as with any large scale recording system, are subject to possible errors with data entry and processing.

Table 2: Shows the number of cases referred to the Parole Board

Period

Referrals

2021 Q1

2

2021 Q2

8

2021 Q3

3

2021 Q4

9

2022 Q1

46

2022 Q2

42

2022 Q3

72

2022 Q4

69

2023 Q1

83

2023 Q2

147

Please Note:

(1) Figures could contain cases where the offender became eligible for licence termination in previous quarter.

(2) Figures from Table 1 are snapshot figures and are not comparable to figures in Table 2

Table 3: Shows the outcomes of licence termination applications in each quarter since 2021.

Outcome Period

Terminated

Suspended/ Varied

Refused

2021 Q1

1

0

1

2021 Q2

3

0

0

2021 Q3

3

1

2

2021 Q4

4

0

2

2022 Q1

21

5

10

2022 Q2

25

7

12

2022 Q3

22

8

18

2022 Q4

28

6

46

2023 Q1

25

6

23

2023 Q2

38

14

72

Table 4: Shows the number of people serving an IPP sentence that were transferred from prison to a secure hospital, and held in a secure hospital, in each year, since 2009

Year

Number of transfers in the year

Population in Secure Hospital at end of year

2009

54

472

2010

107

467

2011

100

438

2012

86

380

2013

90

326

2014

88

264

2015

72

274

2016

66

274

2017

59

278

2018

65

282

2019

59

276

2020

55

275

2021

39

287

2022

44

262

Please Note:

(1) We do not hold figures prior to 2009 as the data entry system which holds these data was implemented in 2009 and data prior to this period are not of sufficient quality to allow for the breakdown requested.

(2) The number of transfers is not the same as number of offenders transferred as there could be more than one transfer associated with an offender in a year.

(3) These figures have been drawn from administrative IT systems which, as with any large-scale recording system, are subject to possible errors with data entry and processing. Consequently, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used.

The information requested for HL236 and HL237 could only be obtained at disproportionate cost. The information for HL238 is not held centrally.


Written Question
Prisoners
Tuesday 28th November 2023

Asked by: Lord Moylan (Conservative - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government how many people sentenced to Detention for Public Protection are currently over their tariff and remain in prison having never been released by (1) original tariff length, and (2) time over tariff.

Answered by Lord Bellamy

On 16 October 2023, the Lord Chancellor announced he would be looking at options to curtail the licence period to restore greater proportionality to IPP sentences in line with recommendation 8 of the report by the Justice Select Committee (JSC), published on 28 September 2022.

These changes are being taken forward in the Victims and Prisoners Bill. The measure will make it quicker and easier to terminate the IPP licence (and therefore the IPP sentence as a whole) whilst balancing public protection considerations.

The new measure will:

  1. Reduce the qualifying period which triggers the duty of the Secretary of State to refer an IPP licence to the Parole Board for termination from ten years to three years;
  2. Include a clear statutory presumption that the IPP licence will be terminated by the Parole Board at the end of the three-year qualifying period;
  3. Introduce a provision that will automatically terminate the IPP licence two years after the three-year qualifying period, in cases where the Parole Board has not terminated the licence; and
  4. Introduce a power to amend the qualifying period by Statutory Instrument.

The Lord Chancellor was persuaded by the Committee’s recommendation to reduce the qualifying licence period from 10 years to 5 years and is going further: reducing the period to 3 years. These amendments will restore greater proportionality to IPP sentences and provide a clear pathway to a definitive end to the licence and, therefore, the sentence, while balancing public protection considerations.

In addition to these changes, the actions this Government are taking are working; the number of prisoners serving the IPP sentence who have never been released now stands at 1,269 as of September 2023, down from more than 6000 in 2012.

Table 1: Number of people sentenced to DPP that were (1) in prison having never been released, (2) in prison having been recalled, in each of the most recent four quarters of available data.

31 Dec 2022

31 Mar 2023

30 Jun 2023

30 Sep 2023

(1) in prison having never been released

41

36

37

36

(2) in prison having been recalled

43

42

44

49

Table 2: (3) the number of people sentenced to DPP that were in the community on licence, in each of the most recent four quarters of available data.

30 Sep 2022

31 Dec 2022

31 Mar 2023

30 Jun 2023

(3) in the community on licence

99

102

101

99

Table 3: Tariff-expired unreleased DPP prisoner population by original tariff length and time over tariff, 30 September 2023.

Time over tariff

Original Tariff length

Total

Less than 2 years

2 years to less than or equal to 4 years

Greater than 4 years to less than or equal to 6 years

Less than 5 years

0

0

0

0

From 5 years to less than 6 years

0

0

*

*

From 6 years to less than 7 years

0

0

*

*

From 7 years to less than 8 years

0

*

*

4

From 8 years to less than 9 years

0

4

0

4

From 9 years to less than 10 years

0

0

*

*

From 10 years to less than 11 years

*

*

*

5

From 11 years to less than 12 years

*

*

*

5

From 12 years to less than 13 years

0

*

*

4

From 13 years to less than 14 years

0

0

*

*

From 14 years to less than 15 years

*

*

0

*

15 years or more

*

*

0

6

Total

9

13

14

36

Please note:

(1) The figures in these tables have been drawn from administrative IT systems which, as with any large scale recording system, are subject to possible errors with data entry and processing.

(2) An asterisk (*) has been used to suppress values of one or two. This is to prevent the disclosure of individual information. Further disclosure control may be completed where this alone is not sufficient.

Table 4: Number of people serving a DPP sentence that were recalled to prison, in each year since 2010.

Recall Year

Number of Recalls

2010

1

2011

6

2012

4

2013

13

2014

9

2015

5

2016

16

2017

18

2018

22

2019

16

2020

20

2021

21

2022

14

2023

13*

Please note:

(1) The table gives the number of recalls and not the number of individuals recalled in each year. Recording of unique IDs has not been complete throughout these years, so we are unable to give an accurate count of unique individuals recalled from 2010

(2) Processed data are available from 2010.

(*) Figures for 2023 are for the first two quarters only.


Written Question
Prisoners
Tuesday 28th November 2023

Asked by: Lord Moylan (Conservative - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government how many people sentenced to Detention for Public Protection were (1) in prison having never been released, (2) in prison having been recalled, and (3) in the community on licence, in each of the most recent four quarters.

Answered by Lord Bellamy

On 16 October 2023, the Lord Chancellor announced he would be looking at options to curtail the licence period to restore greater proportionality to IPP sentences in line with recommendation 8 of the report by the Justice Select Committee (JSC), published on 28 September 2022.

These changes are being taken forward in the Victims and Prisoners Bill. The measure will make it quicker and easier to terminate the IPP licence (and therefore the IPP sentence as a whole) whilst balancing public protection considerations.

The new measure will:

  1. Reduce the qualifying period which triggers the duty of the Secretary of State to refer an IPP licence to the Parole Board for termination from ten years to three years;
  2. Include a clear statutory presumption that the IPP licence will be terminated by the Parole Board at the end of the three-year qualifying period;
  3. Introduce a provision that will automatically terminate the IPP licence two years after the three-year qualifying period, in cases where the Parole Board has not terminated the licence; and
  4. Introduce a power to amend the qualifying period by Statutory Instrument.

The Lord Chancellor was persuaded by the Committee’s recommendation to reduce the qualifying licence period from 10 years to 5 years and is going further: reducing the period to 3 years. These amendments will restore greater proportionality to IPP sentences and provide a clear pathway to a definitive end to the licence and, therefore, the sentence, while balancing public protection considerations.

In addition to these changes, the actions this Government are taking are working; the number of prisoners serving the IPP sentence who have never been released now stands at 1,269 as of September 2023, down from more than 6000 in 2012.

Table 1: Number of people sentenced to DPP that were (1) in prison having never been released, (2) in prison having been recalled, in each of the most recent four quarters of available data.

31 Dec 2022

31 Mar 2023

30 Jun 2023

30 Sep 2023

(1) in prison having never been released

41

36

37

36

(2) in prison having been recalled

43

42

44

49

Table 2: (3) the number of people sentenced to DPP that were in the community on licence, in each of the most recent four quarters of available data.

30 Sep 2022

31 Dec 2022

31 Mar 2023

30 Jun 2023

(3) in the community on licence

99

102

101

99

Table 3: Tariff-expired unreleased DPP prisoner population by original tariff length and time over tariff, 30 September 2023.

Time over tariff

Original Tariff length

Total

Less than 2 years

2 years to less than or equal to 4 years

Greater than 4 years to less than or equal to 6 years

Less than 5 years

0

0

0

0

From 5 years to less than 6 years

0

0

*

*

From 6 years to less than 7 years

0

0

*

*

From 7 years to less than 8 years

0

*

*

4

From 8 years to less than 9 years

0

4

0

4

From 9 years to less than 10 years

0

0

*

*

From 10 years to less than 11 years

*

*

*

5

From 11 years to less than 12 years

*

*

*

5

From 12 years to less than 13 years

0

*

*

4

From 13 years to less than 14 years

0

0

*

*

From 14 years to less than 15 years

*

*

0

*

15 years or more

*

*

0

6

Total

9

13

14

36

Please note:

(1) The figures in these tables have been drawn from administrative IT systems which, as with any large scale recording system, are subject to possible errors with data entry and processing.

(2) An asterisk (*) has been used to suppress values of one or two. This is to prevent the disclosure of individual information. Further disclosure control may be completed where this alone is not sufficient.

Table 4: Number of people serving a DPP sentence that were recalled to prison, in each year since 2010.

Recall Year

Number of Recalls

2010

1

2011

6

2012

4

2013

13

2014

9

2015

5

2016

16

2017

18

2018

22

2019

16

2020

20

2021

21

2022

14

2023

13*

Please note:

(1) The table gives the number of recalls and not the number of individuals recalled in each year. Recording of unique IDs has not been complete throughout these years, so we are unable to give an accurate count of unique individuals recalled from 2010

(2) Processed data are available from 2010.

(*) Figures for 2023 are for the first two quarters only.


Written Question
Prisoners
Tuesday 28th November 2023

Asked by: Lord Moylan (Conservative - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government how many people serving a sentence of Detention for Public Protection were recalled to prison in each year since 2005.

Answered by Lord Bellamy

On 16 October 2023, the Lord Chancellor announced he would be looking at options to curtail the licence period to restore greater proportionality to IPP sentences in line with recommendation 8 of the report by the Justice Select Committee (JSC), published on 28 September 2022.

These changes are being taken forward in the Victims and Prisoners Bill. The measure will make it quicker and easier to terminate the IPP licence (and therefore the IPP sentence as a whole) whilst balancing public protection considerations.

The new measure will:

  1. Reduce the qualifying period which triggers the duty of the Secretary of State to refer an IPP licence to the Parole Board for termination from ten years to three years;
  2. Include a clear statutory presumption that the IPP licence will be terminated by the Parole Board at the end of the three-year qualifying period;
  3. Introduce a provision that will automatically terminate the IPP licence two years after the three-year qualifying period, in cases where the Parole Board has not terminated the licence; and
  4. Introduce a power to amend the qualifying period by Statutory Instrument.

The Lord Chancellor was persuaded by the Committee’s recommendation to reduce the qualifying licence period from 10 years to 5 years and is going further: reducing the period to 3 years. These amendments will restore greater proportionality to IPP sentences and provide a clear pathway to a definitive end to the licence and, therefore, the sentence, while balancing public protection considerations.

In addition to these changes, the actions this Government are taking are working; the number of prisoners serving the IPP sentence who have never been released now stands at 1,269 as of September 2023, down from more than 6000 in 2012.

Table 1: Number of people sentenced to DPP that were (1) in prison having never been released, (2) in prison having been recalled, in each of the most recent four quarters of available data.

31 Dec 2022

31 Mar 2023

30 Jun 2023

30 Sep 2023

(1) in prison having never been released

41

36

37

36

(2) in prison having been recalled

43

42

44

49

Table 2: (3) the number of people sentenced to DPP that were in the community on licence, in each of the most recent four quarters of available data.

30 Sep 2022

31 Dec 2022

31 Mar 2023

30 Jun 2023

(3) in the community on licence

99

102

101

99

Table 3: Tariff-expired unreleased DPP prisoner population by original tariff length and time over tariff, 30 September 2023.

Time over tariff

Original Tariff length

Total

Less than 2 years

2 years to less than or equal to 4 years

Greater than 4 years to less than or equal to 6 years

Less than 5 years

0

0

0

0

From 5 years to less than 6 years

0

0

*

*

From 6 years to less than 7 years

0

0

*

*

From 7 years to less than 8 years

0

*

*

4

From 8 years to less than 9 years

0

4

0

4

From 9 years to less than 10 years

0

0

*

*

From 10 years to less than 11 years

*

*

*

5

From 11 years to less than 12 years

*

*

*

5

From 12 years to less than 13 years

0

*

*

4

From 13 years to less than 14 years

0

0

*

*

From 14 years to less than 15 years

*

*

0

*

15 years or more

*

*

0

6

Total

9

13

14

36

Please note:

(1) The figures in these tables have been drawn from administrative IT systems which, as with any large scale recording system, are subject to possible errors with data entry and processing.

(2) An asterisk (*) has been used to suppress values of one or two. This is to prevent the disclosure of individual information. Further disclosure control may be completed where this alone is not sufficient.

Table 4: Number of people serving a DPP sentence that were recalled to prison, in each year since 2010.

Recall Year

Number of Recalls

2010

1

2011

6

2012

4

2013

13

2014

9

2015

5

2016

16

2017

18

2018

22

2019

16

2020

20

2021

21

2022

14

2023

13*

Please note:

(1) The table gives the number of recalls and not the number of individuals recalled in each year. Recording of unique IDs has not been complete throughout these years, so we are unable to give an accurate count of unique individuals recalled from 2010

(2) Processed data are available from 2010.

(*) Figures for 2023 are for the first two quarters only.


Written Question
Compulsorily Detained Psychiatric Patients: Mental Health Services
Tuesday 28th November 2023

Asked by: Lord Moylan (Conservative - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government, of those currently serving an imprisonment for public protection sentence in (1) prison, or (2) the community, how many are (a) eligible for support, and (b) receiving support, under section 117 of the Mental Health Act 1983.

Answered by Lord Bellamy

Where 10 years have elapsed since the Parole Board first directed the release of an offender serving a sentence of Imprisonment for Public Protection (IPP), the Secretary of State must by law refer that offender to the Parole Board, in order for the Board to determine whether to terminate the offender’s IPP licence. The minimum 10-year period is not paused or reset if an offender is recalled to prison or serves a subsequent sentence for further offences. Where the Board does not terminate the licence, the Secretary of State must by law re-refer the offender every 12 months. This ensures that every eligible offender is considered by the Parole Board annually and will enable the IPP licence, and the IPP sentence as a whole, to be brought to a definitive end for more offenders.

On 16 October 2023, the Lord Chancellor announced he would be looking at options to curtail the licence period to restore greater proportionality to IPP sentences in line with recommendation 8 of the report by the Justice Select Committee’ (JSC) report, published on 28 September 2022.

These changes are being taken forward in the Victims and Prisoners Bill.

The new measure will:

  1. Reduce the qualifying period which triggers the duty of the Secretary of State to refer an IPP licence to the Parole Board for termination from ten years to three years;
  2. Include a clear statutory presumption that the IPP licence will be terminated by the Parole Board at the end of the three-year qualifying period;
  3. Introduce a provision that will automatically terminate the IPP licence two years after the three-year qualifying period, in cases where the Parole Board has not terminated the licence; and
  4. Introduce a power to amend the qualifying period by Statutory Instrument.

The Lord Chancellor was persuaded by the Committee’s recommendation to reduce the qualifying licence period from 10 years to 5 years and is going further: reducing the period to 3 years. These amendments will restore greater proportionality to IPP sentences and provide a clear pathway to a definitive end to the licence and, therefore, the sentence.

In addition to these changes, the actions this Government are taking are working; the number of prisoners serving the IPP sentence who have never been released now stands at 1,269 as of September 2023, down from more than 6000 in 2012.

Table 1: Shows the number of offenders serving an IPP sentence under pre- and post-release supervision who are eligible to be considered for termination of their licence, at end of period, December 2020 to June 2023, England and Wales.

Period

Eligible

2021 Q1

187

2021 Q2

237

2021 Q3

299

2021 Q4

391

2022 Q1

477

2022 Q2

571

2022 Q3

662

2022 Q4

769

2023 Q1

842

2023 Q2

945

Please Note:

(1) This table includes IPP offenders who have been returned to custody following a recall.

(2) The figures in these tables have been drawn from administrative IT systems which, as with any large scale recording system, are subject to possible errors with data entry and processing.

Table 2: Shows the number of cases referred to the Parole Board

Period

Referrals

2021 Q1

2

2021 Q2

8

2021 Q3

3

2021 Q4

9

2022 Q1

46

2022 Q2

42

2022 Q3

72

2022 Q4

69

2023 Q1

83

2023 Q2

147

Please Note:

(1) Figures could contain cases where the offender became eligible for licence termination in previous quarter.

(2) Figures from Table 1 are snapshot figures and are not comparable to figures in Table 2

Table 3: Shows the outcomes of licence termination applications in each quarter since 2021.

Outcome Period

Terminated

Suspended/ Varied

Refused

2021 Q1

1

0

1

2021 Q2

3

0

0

2021 Q3

3

1

2

2021 Q4

4

0

2

2022 Q1

21

5

10

2022 Q2

25

7

12

2022 Q3

22

8

18

2022 Q4

28

6

46

2023 Q1

25

6

23

2023 Q2

38

14

72

Table 4: Shows the number of people serving an IPP sentence that were transferred from prison to a secure hospital, and held in a secure hospital, in each year, since 2009

Year

Number of transfers in the year

Population in Secure Hospital at end of year

2009

54

472

2010

107

467

2011

100

438

2012

86

380

2013

90

326

2014

88

264

2015

72

274

2016

66

274

2017

59

278

2018

65

282

2019

59

276

2020

55

275

2021

39

287

2022

44

262

Please Note:

(1) We do not hold figures prior to 2009 as the data entry system which holds these data was implemented in 2009 and data prior to this period are not of sufficient quality to allow for the breakdown requested.

(2) The number of transfers is not the same as number of offenders transferred as there could be more than one transfer associated with an offender in a year.

(3) These figures have been drawn from administrative IT systems which, as with any large-scale recording system, are subject to possible errors with data entry and processing. Consequently, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used.

The information requested for HL236 and HL237 could only be obtained at disproportionate cost. The information for HL238 is not held centrally.


Written Question
Parole
Tuesday 28th November 2023

Asked by: Lord Moylan (Conservative - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government how many hearings were held by the Parole Board to review an imprisonment for public protection licence, in each quarter since 2021, and of those how many resulted in (1) termination of the licence, (2) variation of licence conditions, or (3) no change to licence conditions.

Answered by Lord Bellamy

Where 10 years have elapsed since the Parole Board first directed the release of an offender serving a sentence of Imprisonment for Public Protection (IPP), the Secretary of State must by law refer that offender to the Parole Board, in order for the Board to determine whether to terminate the offender’s IPP licence. The minimum 10-year period is not paused or reset if an offender is recalled to prison or serves a subsequent sentence for further offences. Where the Board does not terminate the licence, the Secretary of State must by law re-refer the offender every 12 months. This ensures that every eligible offender is considered by the Parole Board annually and will enable the IPP licence, and the IPP sentence as a whole, to be brought to a definitive end for more offenders.

On 16 October 2023, the Lord Chancellor announced he would be looking at options to curtail the licence period to restore greater proportionality to IPP sentences in line with recommendation 8 of the report by the Justice Select Committee’ (JSC) report, published on 28 September 2022.

These changes are being taken forward in the Victims and Prisoners Bill.

The new measure will:

  1. Reduce the qualifying period which triggers the duty of the Secretary of State to refer an IPP licence to the Parole Board for termination from ten years to three years;
  2. Include a clear statutory presumption that the IPP licence will be terminated by the Parole Board at the end of the three-year qualifying period;
  3. Introduce a provision that will automatically terminate the IPP licence two years after the three-year qualifying period, in cases where the Parole Board has not terminated the licence; and
  4. Introduce a power to amend the qualifying period by Statutory Instrument.

The Lord Chancellor was persuaded by the Committee’s recommendation to reduce the qualifying licence period from 10 years to 5 years and is going further: reducing the period to 3 years. These amendments will restore greater proportionality to IPP sentences and provide a clear pathway to a definitive end to the licence and, therefore, the sentence.

In addition to these changes, the actions this Government are taking are working; the number of prisoners serving the IPP sentence who have never been released now stands at 1,269 as of September 2023, down from more than 6000 in 2012.

Table 1: Shows the number of offenders serving an IPP sentence under pre- and post-release supervision who are eligible to be considered for termination of their licence, at end of period, December 2020 to June 2023, England and Wales.

Period

Eligible

2021 Q1

187

2021 Q2

237

2021 Q3

299

2021 Q4

391

2022 Q1

477

2022 Q2

571

2022 Q3

662

2022 Q4

769

2023 Q1

842

2023 Q2

945

Please Note:

(1) This table includes IPP offenders who have been returned to custody following a recall.

(2) The figures in these tables have been drawn from administrative IT systems which, as with any large scale recording system, are subject to possible errors with data entry and processing.

Table 2: Shows the number of cases referred to the Parole Board

Period

Referrals

2021 Q1

2

2021 Q2

8

2021 Q3

3

2021 Q4

9

2022 Q1

46

2022 Q2

42

2022 Q3

72

2022 Q4

69

2023 Q1

83

2023 Q2

147

Please Note:

(1) Figures could contain cases where the offender became eligible for licence termination in previous quarter.

(2) Figures from Table 1 are snapshot figures and are not comparable to figures in Table 2

Table 3: Shows the outcomes of licence termination applications in each quarter since 2021.

Outcome Period

Terminated

Suspended/ Varied

Refused

2021 Q1

1

0

1

2021 Q2

3

0

0

2021 Q3

3

1

2

2021 Q4

4

0

2

2022 Q1

21

5

10

2022 Q2

25

7

12

2022 Q3

22

8

18

2022 Q4

28

6

46

2023 Q1

25

6

23

2023 Q2

38

14

72

Table 4: Shows the number of people serving an IPP sentence that were transferred from prison to a secure hospital, and held in a secure hospital, in each year, since 2009

Year

Number of transfers in the year

Population in Secure Hospital at end of year

2009

54

472

2010

107

467

2011

100

438

2012

86

380

2013

90

326

2014

88

264

2015

72

274

2016

66

274

2017

59

278

2018

65

282

2019

59

276

2020

55

275

2021

39

287

2022

44

262

Please Note:

(1) We do not hold figures prior to 2009 as the data entry system which holds these data was implemented in 2009 and data prior to this period are not of sufficient quality to allow for the breakdown requested.

(2) The number of transfers is not the same as number of offenders transferred as there could be more than one transfer associated with an offender in a year.

(3) These figures have been drawn from administrative IT systems which, as with any large-scale recording system, are subject to possible errors with data entry and processing. Consequently, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used.

The information requested for HL236 and HL237 could only be obtained at disproportionate cost. The information for HL238 is not held centrally.