Source · Select Committees · Justice Committee
Recommendation 18
18
Rejected
Paragraph: 152
Bring forward legislation to enable IPP resentencing for all sentenced individuals
Recommendation
Our primary recommendation is that the Government brings forward legislation to enable a resentencing exercise in relation to all IPP sentenced individuals (except for those who have successfully had their licence terminated). This is the only way to address the unique injustice caused by the IPP sentence and its subsequent administration, and to restore proportionality to the original sentences that were given.
Government Response Summary
The government rejects the primary recommendation to bring forward legislation for an IPP resentencing exercise, citing unacceptable risks to public protection and affirming that the existing IPP Action Plan is the best approach, which is under review.
Paragraph Reference:
152
Government Response
Rejected
HM Government
Rejected
Reject Reasoning: At the time of abolition of the IPP sentence in 2012, the Government decided against retrospectively abolishing the sentences of those still serving IPPs. The Government recognised that to re-sentence those individuals would result in unacceptable risk of serious harm to the public as many IPPs would be released without an assessment by the independent Parole Board that they could be managed safely in the community. Therefore, those who had already been sentenced to and were serving an IPP sentence in prison continued to serve the sentence either because they had not yet served the minimum term of imprisonment or, where they have served the minimum term, because the independent Parole Board had determined that their risk remained too high for them to be safely managed in the community. The risks to public protection from the immediate release of serving IPP prisoners continue to exist. Although the Government recognises the frustrations and concerns surrounding the IPP sentence, our view is that the IPP Action Plan remains the best way in which these offenders can progress towards safe release. The Action Plan is regularly refreshed and updated, and it will again be reviewed in light of the recommendations from the Justice Select Committee to ensure it offers the best possible support to IPP offenders, whether in custody or in the community.