Terminating your IPP licence: a legal guide

Downloads

Download the digital version here Download the print version here

The Indeterminate Sentence for Public Protection (IPP) sentence was introduced in 2005, alongside a parallel indeterminate sentence for children, called the DPP sentence. 8,711 IPP and DPP sentences were imposed before the sentence was abolished in 2012. Abolishing the sentence meant that no new IPP sentences could be given, but everyone already sentenced under an IPP sentence remains subject to the sentence.

Having an IPP sentence means:

• Serving a tariff or minimum term in custody before applying to the Parole Board for release.
• Once released, being on an indeterminate licence, under supervision by probation and at risk of recall to custody for breach of any of the licence conditions.

Unlike other indeterminate sentences, the IPP licence can be terminated which means all the conditions are removed and cannot ever be re-imposed, and recall cannot be initiated – in effect, an individual is no longer serving a IPP sentence.

In May 2024, ground-breaking changes to the law on how IPP licences can be terminated were approved by Parliament in the Victims and Prisoners Act 2024. Read more about the changes here. These changes have not yet been implemented by the new government, but it is hoped they will be brought into force later this year.

One change is a reduction to the length of the qualifying period before a licence is reviewed by the Parole Board. Additionally, the Act introduces an automatic termination of licence after a qualifying period. Changes will apply retrospectively.

To date the Parole Board has considered 922 licences and 329 have been terminated. It is estimated that there are around 1,800 IPPs in the community whose licence will be automatically terminated once the Act is implemented and a further 800 who will become newly eligible for Parole Board consideration.

The provisions are complex. To help those serving IPPs, and their family and friends understand the position for them, the Howard League, together with Dr Laura Janes, the Prison Reform Trust and Prisoners’ Advice Service, have prepared a practical ‘how-to’ guide. The legal guide explains when and how a person serving an IPP or DPP sentence can get their licence terminated. The guide covers both the current rules, and the forthcoming changes introduced by the Victims and Prisoners Act 2024, which are not yet in force.