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 - Parliamentary Under-Secretary (Ministry of Justice)
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:
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.
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 - Parliamentary Under-Secretary (Ministry of Justice)
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:
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.
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 prison, how many have been held in a secure hospital at any point during their sentence, and are (1) unreleased or (2) have been recalled.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
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:
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.
Asked by: Lord Moylan (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government how many people serving an imprisonment for public protection sentence were eligible for a review of their licence, in each quarter since 2021; and of those how many referrals were made to the Parole Board for review.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
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:
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.
Asked by: Lord Moylan (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government how many people serving an imprisonment for public protection sentence were (1) transferred from prison to a secure hospital, and (2) held in a secure hospital, in each year since 2005.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
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:
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.
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 released from prison in each year since 2005.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
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:
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: Shows the number of people sentenced to DPP that were released from prison, in each year since 2010.
Release Year | Number of DPP prisoners released |
2010 | 5 |
2011 | 10 |
2012 | 21 |
2013 | 20 |
2014 | 16 |
2015 | 14 |
2016 | 22 |
2017 | 20 |
2018 | 12 |
2019 | 9 |
2020 | 10 |
2021 | 7 |
2022 | 3 |
Jan - June 2023 (1) | 4 |
Please note:
(1) Data for 2023 only include releases up to end of June 2023 - reflecting the most recent published data period.
(2) Processed data are available from 2010.
(3) The numbers provided in this table result from a matching between Prison National Offender Management Information System (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 include 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.
(4) The above figures represent 'first releases' only, and do not include re-releases following a period of recall.
(5) The figures in this table 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.
Asked by: Lord Moylan (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government how many deaths were recorded of people serving a sentence of Detention for Public Protection in each year since 2005; and of those, how many were classified as (1) homicide, (2) natural causes, (3) self-inflicted, or (4) other.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
The total number of deaths that were recorded of people serving a sentence of Detention for Public Protection in each year since 2005 under the above classifications, was two or fewer. We cannot provide further specificity without a risk of breaching our confidentiality obligations by disclosing additional information about identifiable individuals who have died. Please also note that:
Asked by: Lord Moylan (Conservative - Life peer)
Question to the Home Office:
To ask His Majesty's Government how many appeals against the issue of Community Protection Notice were successful in each year since 2015; and whether they have any plans to review the appeals process to ensure that it is operating as intended.
Answered by Lord Sharpe of Epsom - Parliamentary Under-Secretary (Home Office)
It is for local areas to decide how best to deploy the powers in the Anti-social Behaviour, Crime and Policing Act 2014, including Community Protection Notices (CPN), depending on the specific circumstances. They are best placed to understand what is driving the behaviour in question, the impact that it is having, and to determine the most appropriate response. The Home Office do not hold any data on appeals.
The Home Office published statutory guidance to support local areas to make effective use of these powers. The guidance sets out the importance of focusing on the needs of the victim and the local community, as well as ensuring that the relevant legal tests are met. This guidance was updated in March 2023 to ensure a victim-centred approach to tackling anti-social behaviour (ASB) as well as stronger use of the powers and tools in the 2014 Act. The guidance is regularly reviewed and updated in line with stakeholder feedback on the powers to ensure greater and more consistent use.
On 27 March 2023, in parallel with publication of the Anti-social Behaviour Action Plan, the Government launched a consultation on the ASB powers and Community Safety Partnerships (CSPs). The consultation, which was referenced in the ASB Action Plan, was intended to garner views on strengthening powers, including CPNs, to tackle ASB; and strengthening the relationship between CSPs and Police and Crime Commissioners (PCCs) to give PCCs a greater role in CSP activity, including how they tackle ASB. A Government response to the findings in the consultation will be published in due course.
Asked by: Lord Moylan (Conservative - Life peer)
Question to the Home Office:
To ask His Majesty's Government what plans they have, if any, to make an assessment of the use of Community Protection Notices, with a view to (1) ensuring compliance with statutory guidance, and (2) considering what improvements may be made to the latter.
Answered by Lord Sharpe of Epsom - Parliamentary Under-Secretary (Home Office)
It is for local areas to decide how best to deploy the powers in the Anti-social Behaviour, Crime and Policing Act 2014, including Community Protection Notices (CPN), depending on the specific circumstances. They are best placed to understand what is driving the behaviour in question, the impact that it is having, and to determine the most appropriate response.
The Home Office published statutory guidance to support local areas to make effective use of these powers. The guidance sets out the importance of focusing on the needs of the victim and the local community, as well as ensuring that the relevant legal tests are met. This guidance was updated in March 2023 to ensure a victim-centred approach to tackling anti-social behaviour (ASB) as well as stronger use of the powers and tools in the 2014 Act. The guidance is regularly reviewed and updated in line with stakeholder feedback on the powers to ensure greater and more consistent use.
HMICFRS routinely collect data on CPNs and wider powers directly from police forces for the purposes of inspection activity. We will be publishing the latest statistics on use of ASB powers across England and Wales by the police, including Community Protection Notices, as part of a broader piece of research on police perception of ASB powers.
On 27 March 2023, in parallel with publication of the Anti-social Behaviour Action Plan, the Government launched a consultation on the ASB powers and Community Safety Partnerships (CSPs). The consultation, which was referenced in the ASB Action Plan, was intended to garner views on strengthening powers, including CPNs, to tackle ASB; and strengthening the relationship between CSPs and Police and Crime Commissioners (PCCs) to give PCCs a greater role in CSP activity, including how they tackle ASB. A Government response to the findings in the consultation will be published in due course.
Asked by: Lord Moylan (Conservative - Life peer)
Question to the Home Office:
To ask His Majesty's Government what plans they have to publish statistics on the numbers of Community Protection Notices issued by councils and police.
Answered by Lord Sharpe of Epsom - Parliamentary Under-Secretary (Home Office)
It is for local areas to decide how best to deploy the powers in the Anti-social Behaviour, Crime and Policing Act 2014, including Community Protection Notices (CPN), depending on the specific circumstances. They are best placed to understand what is driving the behaviour in question, the impact that it is having, and to determine the most appropriate response.
The Home Office published statutory guidance to support local areas to make effective use of these powers. The guidance sets out the importance of focusing on the needs of the victim and the local community, as well as ensuring that the relevant legal tests are met. This guidance was updated in March 2023 to ensure a victim-centred approach to tackling anti-social behaviour (ASB) as well as stronger use of the powers and tools in the 2014 Act. The guidance is regularly reviewed and updated in line with stakeholder feedback on the powers to ensure greater and more consistent use.
HMICFRS routinely collect data on CPNs and wider powers directly from police forces for the purposes of inspection activity. We will be publishing the latest statistics on use of ASB powers across England and Wales by the police, including Community Protection Notices, as part of a broader piece of research on police perception of ASB powers.
On 27 March 2023, in parallel with publication of the Anti-social Behaviour Action Plan, the Government launched a consultation on the ASB powers and Community Safety Partnerships (CSPs). The consultation, which was referenced in the ASB Action Plan, was intended to garner views on strengthening powers, including CPNs, to tackle ASB; and strengthening the relationship between CSPs and Police and Crime Commissioners (PCCs) to give PCCs a greater role in CSP activity, including how they tackle ASB. A Government response to the findings in the consultation will be published in due course.