Recommendation 1
The problems faced by men serving IPPs are still not being addressed. Can the money, which is used to keep them in prison, not be used to provide support, accommodation and employment on release. We have witnessed the upturn in a man’s chances of succeeding once he is released by the extensive work which was carried out here prior to his release. He had never been released, served 16 years over his tariff for a relatively minor offence and has virtually grown up in prison. He is doing well some three months after release and is still being supported in an approved premises. Alongside the early release schemes currently being processed, is consideration being given to early release of men who have served long sentences, completed the courses they were asked to do and have proved themselves to be trustworthy whilst in prison? Many of them having only ever committed a single offence, albeit a very serious one.
Government response
I understand the Board’s continued concerns about prisoners subject to Imprisonment for Public Protection (IPP), which is an issue that has also been raised by other IMB Chairs working across the prison estate. I share your frustrations regarding the significant time that men, including the example you cite, have spent in prisons such as HMP Buckley Hall beyond their tariff. Significant steps have already been taken to ameliorate the situation and the Lord Chancellor is continuing her collaborative work with a range of organisations to ensure the appropriate course of action is taken to support those impacted. A newly published IPP Action Plan emphasises the importance of effective frontline delivery in our prisons and Probation Service to ensure that those serving IPP sentences are actively engaging with their sentence plans and are in the correct prison to access the right interventions and rehabilitative services. This will provide better opportunities for individuals to demonstrate to the Parole Board that their risk is manageable in the community which in turn will support defensible decisions to release. I was encouraged to read that you have observed delivery of meaningful frontline support to men still serving an IPP sentence at HMP Buckley Hall, facilitated by the excellent relationships that have been developed with the specialist key workers.
The series of reforms we have now implemented mean that anyone who was released on IPP licence five or more years ago and has spent at least the last two years of that period in the community without being recalled, will have their IPP licence terminated without the need for a review by the Parole Board. The remaining reforms will be implemented on 1 February 2025, when the reduced qualifying period for consideration of licence termination will see around 600 additional referrals made to the Parole Board. I am pleased to read that the former prisoner you mention is doing well in the initial months after release and hope that he may have taken heart from these changes to licence termination arrangements. The Secretary of State also has two new ‘Risk Assessed Recall Review’ powers. The first enables her to re-release people who have been recalled at any point without referring the case to the Parole Board, where safe to do so and the second enables her to not reset the two-year period after someone is re-released from a recall. These measures will make an overall difference to the number of IPP prisoners held across the estate and mark a positive first step.
In relation to early release schemes for men serving longer sentences, whilst initial release decisions for those serving indeterminate sentences will remain with the Parole Board, the scope of Home Detention Curfew (HDC) was extended in June 2024 to include those serving Standard Determinate Sentences of more than four years. This will enable those serving longer sentences to benefit from resettlement opportunities in the same way as those serving shorter sentences, subject of course to the application of robust risk assessment and suitability criteria. In addition, the Lord Chancellor has announced plans to extend the maximum period of HDC from six to twelve months, a change which will primarily impact those serving longer sentences.
Further to the above, you may now be aware that the Government has recently launched an Independent Review of Sentencing, which will report in Spring 2025. The review will consider several key areas including how best to ensure prison sentences are used effectively for the most serious offenders, what more can be done to improve rehabilitation and reduce reoffending, and options for robust and effective sentences as alternatives to imprisonment to both keep communities safe and make the best use of public money. The latter in particular encapsulates the insightful question you ask about potential redirection of resources from prison to community approaches. This is an exciting and necessary review during which there will be learning taken from a range of jurisdictions across the world, which have faced similar challenges.
The series of reforms we have now implemented mean that anyone who was released on IPP licence five or more years ago and has spent at least the last two years of that period in the community without being recalled, will have their IPP licence terminated without the need for a review by the Parole Board. The remaining reforms will be implemented on 1 February 2025, when the reduced qualifying period for consideration of licence termination will see around 600 additional referrals made to the Parole Board. I am pleased to read that the former prisoner you mention is doing well in the initial months after release and hope that he may have taken heart from these changes to licence termination arrangements. The Secretary of State also has two new ‘Risk Assessed Recall Review’ powers. The first enables her to re-release people who have been recalled at any point without referring the case to the Parole Board, where safe to do so and the second enables her to not reset the two-year period after someone is re-released from a recall. These measures will make an overall difference to the number of IPP prisoners held across the estate and mark a positive first step.
In relation to early release schemes for men serving longer sentences, whilst initial release decisions for those serving indeterminate sentences will remain with the Parole Board, the scope of Home Detention Curfew (HDC) was extended in June 2024 to include those serving Standard Determinate Sentences of more than four years. This will enable those serving longer sentences to benefit from resettlement opportunities in the same way as those serving shorter sentences, subject of course to the application of robust risk assessment and suitability criteria. In addition, the Lord Chancellor has announced plans to extend the maximum period of HDC from six to twelve months, a change which will primarily impact those serving longer sentences.
Further to the above, you may now be aware that the Government has recently launched an Independent Review of Sentencing, which will report in Spring 2025. The review will consider several key areas including how best to ensure prison sentences are used effectively for the most serious offenders, what more can be done to improve rehabilitation and reduce reoffending, and options for robust and effective sentences as alternatives to imprisonment to both keep communities safe and make the best use of public money. The latter in particular encapsulates the insightful question you ask about potential redirection of resources from prison to community approaches. This is an exciting and necessary review during which there will be learning taken from a range of jurisdictions across the world, which have faced similar challenges.