Terminating the ‘Imprisonment for Public Protection’ (IPP) (S.225 Criminal Justice Act 2003) License

By Giovanni Di Stefano

It is somewhat unfortunate that prominent notices have not been issued by HM Prison & Probation Service or the Parole Board regarding the mechanism for terminating the "IPP" License which was scheduled to last 99 years. Those 2,000 or so prisoners that are still subject to serving the now long abolished IPP sentence and/or those who are subject to having being recalled, now have a window of opportunity to terminate their license.

Under the Crime (Sentences) Act 1997 S.31A anyone subject to a sentence under the Criminal Justice Act 2003 S.225 (long ago abolished) and anyone in custody subject to having been recalled can apply to the Parole Board for consideration to be given to terminate their license ten years after their initial release, regardless of whether they have subsequently been recalled and re-released.

The State empowers the Parole Board - itself a creature of Statute - to terminate an IPP license. Rule 31 of the Parole Board Rules 2019 explains the mechanism with regard to the application.

Applications for terminating the IPP License are to be made by the offender in proper or through his/her lawyer of choice. The application is directed to the Parole Board directly by simple letter/email or via the Community Offender Manager, commonly known as the 'outside Probation' officer. Once the application is received by the Parole Board notification is sent immediately to the PPCS (Public Protection at the MOJ) via a standard direction and provide a copy to the Applicant.

The PPCS will then immediately notify the Community Offender Manager who must prepare an appropriate report that is added to the dossier of information that the Parole Board will need so that it can properly and fairly consider the application.

Once the Parole Board receives the said dossier of information, it is duty-bound to carry out a risk assessment in a fair and just manner to establish whether the license can be terminated or whether there remains a requirement to protect the public.

The Parole Board are able to make either decision:

1) Terminate the License

2) Amend the License

3) Refuse the Applications

It follows that if the application is refused, it may he In the event an application is refused, it is subject to review every year.

Once a license is terminated, the offender will not be subject to supervision or recall.

Section 31A of the Crime (Sentences) Act 1997 was inserted by the Criminal Justice Act 2003 and has been amended by S117(10)a of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and came into force in October 2020.

Instructions on the termination of licenses holistically are set out in PI 08/2015

It should be noted that applications for consideration are not to be considered as a mere formality. There are a number of considerations.

Some of the considerations are set out herein:

*The scale of progress over a ten year period including work carried out in the community

* Previous progress noted by PPCS

* Current circumstances and stability of lifestyle

* Whether any recall decisions made and details of any progress

* Current employment history

* Current relationship history

* Current risk to the public

* Any known Multi-Agency Public Protection Arrangement (MAPPA)

It should also be noted that if any victim is signed up to the Victim Contact Scheme, they will have a right to be notified of any application and entitled to submit an impact statement.

Giovanni Di Stefano 21st January 2021,
A9460CW
HMP Highpoint
Stradishall
Newmarket
CB8 9YG