Widely condemned by penal reform charities and even their own architect as a “stain on our justice system,” IPP sentences—and their youth justice equivalent, DPP orders —are finally being addressed by the government, which is now taking overdue steps to mitigate their damaging impact with the forthcoming Victims and Prisoners Act.
The Indeterminate Sentence for Public Protection (IPP) was introduced in 2005 as part of New Labour’s tough-on-crime stance. It was intended for people considered ‘dangerous’ but whose offence did not merit a life sentence. However, with no release date it became for many people a life sentence in all but name.
An IPP sentence required people to serve a minimum term in custody before they could even be considered for release by the Parole Board, which would only approve release if it deemed them no longer a risk. Often referred to as ‘the 99-year sentence,’ IPP prisoners are placed on a lifelong licence. This means that sentences effectively do not end on release, and people serving them are subjected to a ‘recall merry-go-round’ of arbitrary restrictions. The constant threat of being recalled to prison, even for minor infractions, creates a lingering uncertainty over their freedom.
It quickly became clear that IPPs were being used to unjustly imprison people far beyond their minimum term, to a degree that was disproportionate to their crime. Take Martin Myers for example, who spent 18 years in prison after trying and failing to steal a cigarette. Or James Lawrence, another over-tariff IPP prisoner who remains in prison 18 years after receiving an eight-month sentence for waving a starting pistol.
The unintended consequences of the scheme are glaring. Beyond the overcrowded prisons and excessive sentences, the emotional and psychological toll on IPP/DPP prisoners and their families has been devastating. To date, 90 people serving IPP sentences have taken their own lives, with self-harm rates among these prisoners notably higher than those serving other life sentences, according to the campaign group United Group for Reform of IPP (UNGRIPP). Lawrence’s case underscores the immense suffering: after serving a sentence 25 times longer than intended, his children have grown up without him. He has attempted to take his own life six times in recent years.
In 2012, after the European Court of Human Rights declared them a “discredited and arbitrary policy of detention” in breach of the right to liberty, IPP sentences were abolished. However, this change did not apply retroactively. As of June 2024, 2,734 people are still imprisoned under IPP sentences, almost half of whom have never been released.
Everyone already sentenced to an IPP remains subject to their licence conditions. As of 1st November 2024, 12 years after their abolition, the government will start implementing a two-stage scheme as part of the Victims and Prisoners Act.
The Act will:
- Reduce the time before a licence review by the Parole Board from 10 years to 3 years
- Establish a presumption that the Parole Board will end an IPP/DPP licence at the end of the 3-year period
- Introduce automatic termination of an IPP/DPP licence two years after the qualifying period if the Parole Board has not ended it, as long as the individual is not recalled during that time
- Grant the Secretary of State authority to release a recalled individual serving an IPP or DPP sentence through the Risk Assessed Recall Review process
- Allow the Secretary of State to disregard an individual’s recall when considering the two-year automatic licence termination
- Mandate the Secretary of State to present an annual report to Parliament on steps taken to support the rehabilitation and progress of individuals serving IPP sentences
The Howard League has created an IPP Licence Termination Hotline for those affected by the upcoming changes. There is also a downloadable guide created in partnership with the Prison Reform Trust.
The devastating impact on the mental health of IPP prisoners is well-documented. Choirs Beating Time works closely with many people serving long sentences, often witnessing firsthand how people facing IPP sentences struggle to see light at the end of the tunnel. We’ve seen constant anxiety over recall and the possibility of extended imprisonment, self-imposed social isolation both in prison and after release, and a deep sense of hopelessness.
Our singing groups foster a sense of belonging and offer relief from a bleak day-to-day existence. With no release date, it’s hard for IPP prisoners to stay motivated for constructive activities. We do what we can to support them and have even helped a few serving IPP sentences into employment through Inside Job.
The government’s measures are overdue but welcome. The Victims and Prisoners Act is currently in its final stages of its parliamentary lifecycle, and will come into effect next week.