Imprisonment for Public Protection: Changes to Licence

Shabana Mahmood Excerpts

Thursday 5th September 2024 Written Statements

[The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)]

It is right that imprisonment for public protection sentences were abolished. We worked constructively in opposition to progress IPP reforms in the Victims and Prisoners Act 2024, which represent sensible changes to help rehabilitated offenders serving the IPP sentence on licence in the community to move on from their sentence in a safe and sustainable way. That is why I wish to inform the House of my intention to bring into force the IPP measures in the Act.

Section 66 amends sections 31, 31A and 32 of the Crime (Sentences) Act 1997, which provide for the termination of licence for those serving sentences of imprisonment or detention for public protection and setting their licence conditions. Section 67 requires the Secretary of State to prepare and publish an annual report about the steps taken to support the rehabilitation of IPP and DPP offenders and their progress towards release from prison or licence termination, and to lay the report before Parliament.

I am clear that, in commencing these reforms, public protection must come first. To ensure that HM Prison and Probation Service can effectively manage these changes, the measures will be commenced in a phased approach, starting on 1 November 2024 and with all measures commenced by 1 February 2025.

Phase 1 will commence on 1 November 2024, when sections 66 and 67 will come into force. This includes measures to:

Include a statutory presumption that the IPP licence will be terminated by the Parole Board at the end of the qualifying period. In practice, this will mean strong justification on public protection grounds would be needed not to terminate the licence; introduce a provision where an IPP licence will terminate automatically in cases where the Parole Board has not terminated the licence at the end of the qualifying period and where the offender has spent a further two continuous years on licence in the community—i.e. they have not been recalled to prison in that time.

Create a new power for the Secretary of State to release a recalled IPP offender—without the need for a release decision by the Parole Board—following a process known as risk assessed recall review.

Allow the Secretary of State to determine that, for the purposes of the two-year automatic licence termination period, the prisoner’s licence is treated as having remained in force as if it had not been revoked, where it is in the interests of justice to do so. This means that for an IPP or DPP offender released by the Parole Board or the Secretary of State, the Secretary of State can disapply the impact of the recall on the two-year automatic period which will not reset upon the prisoner’s re-release from prison.

Require the Secretary of State to lay an annual report before Parliament about the steps taken to progress those serving IPP sentences towards a safe release.

From 1 November 2024, the qualifying period will be two years for DPP offenders and three years for IPP offenders for the purpose of the automatic licence termination but will remain 10 years for other purposes.

Phase 2 will commence on 1 February 2025 where the qualifying period for all other purposes, including when the Secretary of State must refer a DPP or IPP licence to the Parole Board for consideration of licence termination, will be two and three years respectively.

I want to make progress towards a safe and sustainable release for those serving the IPP sentence, but not in a way that impacts public protection. Commencing these measures is the first step in doing so. I will continue to monitor progress in this area, and the Government plan to consult expert organisations to ensure that the right course of action is taken to support those serving IPP sentences.

[HCWS72]