Prison Law

Parole

There has been a change in the law which means many prisoners are aware of their sentence is and how long they are to remain in custody. However there prisoners who must apply to the Parole Board for release. Therefore representations have to be made to Prisons to ensure the Prisoner has completed the necessary courses and then to the Parole Board itself

Licences

All prisoners who are released are subject to license requirements which mean that a Prisoners liberty is restricted even though they are no longer in custody. The purpose of licenses is to ensure the remaining part of a sentence is served in the Community.

The requirement part of the licence may be unreasonable or unrealistic and we can advise on such matters.

IPP and DPP Prisoners also known as Dangerous Offenders

Imprisonment (or Detention) for Public Protection

An indeterminate sentence of Imprisonment (or Detention) for Public Protection can be imposed in the following circumstances:

Imprisonment for Public Protection (IPP)

Under Section 225 of the Criminal Justice Act 2003, the courts will impose an indeterminate sentence of IPP when the offender:

1. is aged 18 or over;
2. is convicted of a serious specified violent or sexual offence committed on or after 04 April 2005, for which the maximum penalty is 10 years or more; and who
3. in the court's opinion, poses a significant risk of harm to the public i.e. they are dangerous

The sentence of Imprisonment for Public Protection replaced the automatic life sentence for offences that were committed on or after 04 April 2005.

On 14 July 2008 changes to the above, introduced by Section 47 and Schedule 8 of the Criminal Justice and Immigration Act 2008, come into force. The effect of these changes is that IPP sentences may only be imposed where the offender would be required to serve at least 2 years in custody or (in the cases of offenders under the age of 18) where the offender has a previous conviction for one of a specified list of very serious offences.

The Act also removes the presumption of risk (requirement for judges to conclude that the offender is dangerous) where there is a previous conviction for violent or sexual crime. It also allows courts greater discretion so that where all the conditions for an IPP sentence are met the court may impose a sentence of IPP, extended sentence or other sentence as it finds most appropriate in the case.

Detention for Public Protection (DPP)

Under Section 226 of the Criminal Justice Act 2003 a sentence of DPP will be imposed in the circumstances above when the offender is under 18 years of age.

Release

The Parole Board has the power to direct the release of life sentence prisoners but release can only take place once the minimum period of imprisonment has been served, unless in exceptional compassionate circumstances, and the Parole Board is satisfied that the risk of harm the prisoner poses to the public is acceptable.

All indeterminate sentence prisoners are released on a license and are supervised by the Probation Service.

The release license contains a number of standard conditions that the released prisoner must adhere to.

Released IPPs/DPPs:

1. are subject to an IPP/DPP license;
2. can apply to the Parole Board to have their license cancelled after 10 years (and if unsuccessful at yearly intervals thereafter);

may be recalled to prison while the license remains in force to continue serving their sentence if it is considered necessary to protect the public.

 

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