Source · Select Committees · Justice Committee
Recommendation 20
20
Rejected
Paragraph: 154
Establish an expert committee to advise on practical implementation of IPP resentencing
Recommendation
We have not sought to set out the terms of the proposed legislation to enable the resentencing exercise, which will ultimately be for Parliament to consider. We do, however, recommend that it should comply with the key principles that we set out below. We also appreciate that establishing a resentencing exercise will be administratively complex. Accordingly, we recommend that the Government set up a time-limited small expert committee to advise on the practical implementation of the resentencing exercise in conjunction with the senior judiciary.
Government Response Summary
The government rejects the recommendation for an expert committee to advise on an IPP resentencing exercise, reaffirming its stance against retrospective abolition due to public protection risks and reiterating commitment to the existing IPP Action Plan.
Paragraph Reference:
154
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.