Select committee: Justice Committee
Recommendation 17
Third Report - IPP sentences
Published 28 Sep 2022
Addressed to Ministry of Justice
Justice Committee Imprisonment for Public Protection (IPP) sentences All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗
Recommendation (the committee's words)
As Lord Thomas noted in R v Roberts: “It was Parliament which legislated to establish a regime of sentences of IPP in terms which the courts have faithfully and IPP sentences 61 properly applied. It must, in our democracy and in accordance with the rule of law, be for Parliament to provide a correction for the outcome if it so wishes”. We agree. In our view, a comprehensive and adequate solution to the IPP problem can only be achieved by primary legislation that deals retrospectively with the continued operation of the sentence and that allows a resentencing exercise to be undertaken. Paragraph 151)
From: Justice Committee, Third Report - IPP sentences (HC 266), 28 September 2022
Government response
The government responded to the whole report on 9 February 2023 (deadline 28 November 2022).
Summary written by Accountability Index from the government's response. It is not the government's own words.The Government accepts or partially accepts several recommendations, including a refreshed IPP Action Plan, but rejects resentencing and a shorter licence period, stating that resentencing would give rise to "an unacceptable risk to public protection".
- On the primary recommendation, the Government "has no plans to conduct a resentencing exercise", and states that the updated IPP Action Plan "remains the best option" for progression towards safe release.
- It accepts the recommendation for a new IPP Action Plan with clear performance measures, and says MoJ and HMPPS "will provide full details of the refreshed action plan and associated governance within the timeframe set out by the Committee" (by the end of Q1 2023).
- It rejects reducing the licence termination eligibility period from 10 to five years, but says it "will review the policy and practice for suspending supervision in appropriate cases".
- On recall, it partially accepts and does not accept that IPP offenders are recalled unnecessarily. It has asked the Chief Inspector of Probation to conduct a thematic inspection in 2023/24, and will share the Terms of Reference with the Committee once confirmed and agreed.