GovWire

Overview

An individual sentenced to Imprisonment for Public Protection (IPP), or Detention for Public Protection (DPP) has the right, under section 31A of the Crime (Sentences) Act 1997 for consideration to be given to terminating their licence 10 years after their initial release from custody. This is regardless of whether they have been recalled to prison at any point during the ten years.

Following the commencement of the relevant section of Police, Crime, Sentencing and Courts Act 2022 on 28 June 2022, referrals to the Parole Board are now made automatically by the Secretary of State.

Since September 2021, current HMPPS policy has been to make automatic referrals for all eligible cases. The Police, Crime, Sentencing and Courts Act 2022 now enshrines this policy in law.

The individual can no longer make their own application to the Parole Board.

Referral of Cases

As set out in the Police, Crime, Sentencing, and Courts Act 2022, the Secretary of State is required by law to make the referral to the Parole Board once an individual becomes eligible.

This referral must be made even if the individual has been recalled back to prison and their licence has been revoked, or if the individual is serving another sentence at the time the referral is due.

It is only the Parole Board that can terminate an IPP or DPP licence. Rule 31 of the Parole Board Rules 2019 (as amended) deals explicitly with termination of these licences.

The Community Offender Manager (Probation Officer) will normally make contact with the individual to discuss the application and then they will write a report for the Parole Board. They must write a report even if they are not supporting the termination of the licence.

The individual can also write their own views and submit them as written representations. Individuals may wish to seek legal advice about writing their representations. If the individual is financially eligible, legal aid is available to pay for this advice.

The report and other information will be collected by the Public Protection Casework Section within Her Majestys Prison and Probation Service and provided to the Parole Board in a dossier of information with the referral.

Parole Board Decision

When the Parole Board receives the referral with the dossier of information, it will carry out a risk assessment to establish if the licence should be terminated, or if the licence is still required to protect the public.
Parole Board members have been provided with guidance on considering these applications. This is currently being updated and will be available in the near future.

The Parole Board can make one of the following decisions:

(a) Terminate the individuals licence

Once an IPP or DPP licence has been terminated, all of the licence conditions related to that licence are discarded. There will no longer be any victim related conditions, such as a no-contact condition or an exclusion zone, and none of these may be re-imposed. The individual cannot be recalled on that licence as recall proceedings will no longer be an option. If the individual commits another offence, it will be dealt with separately.

(b) Amend the individuals licence

The licence will remain in place but some of the conditions on the licence will be changed or suspended.

(c) Refuse the application

If an application is refused, a further referral must be made by the Secretary of State 12 months from when the decision is issued. This must happen every 12 months thereafter or until the licence is terminated. Further applications will not be made within a 12-month period.

Reconsideration Mechanism (not yet available)

Decisions about IPP licence terminations are not currently eligible under the Parole Board reconsideration mechanism.

However, this is going to change later in the year (likely September 2022). Once the change takes place, a decision made by the Parole Board about terminating an IPP licence will be provisional as it will be subject to the Parole Board reconsideration mechanism. This is where either the individual or the Secretary of State can challenge the decision under the grounds for reconsideration. An application can be made within 21 days from the date the decision was issued. Once the 21 days have expired, the decision becomes final.

More information about the reconsideration mechanism can be read here:

Apply for a parole decision to be reconsidered - GOV.UK (www.gov.uk)

Victims

The views of the victim will also be sought as part of the preparation of the application. The victim can provide a view on the automatic termination application and can decide to write a victim personal statement (VPS) if they wish. These will be added to the dossier of information provided to the Parole Board.

A victim can request a summary of the Parole Boards decision about the termination of an IPP licence. Requests should be made in the same way as for a summary of a full parole decision. More information can be found here:

Decision Summaries - GOV.UK (www.gov.uk)

Concerns

If an individual believes they are eligible for consideration of their suitability to have their IPP licence terminated, but have not heard from their Community Offender Manager, they should contact them or their nearest probation office to request an update.

In order to be eligible for a review, the individual must have been released from prison no less than ten years from the point at which a referral is made. For example, someone initially released on 1 April 2012 will become eligible on 31 March 2022. Unless the full ten years has been reached, the case will not be referred to the Parole Board.

If an individual is having trouble contacting their Community Offender Manager, they can contact the nearest probation office or ask the Parole Board for advice.

They should:

• Email info@paroleboard.gov.uk to notify the Board if they believe they are eligible for a licence termination review and need some advice. They must provide their name, prison number (if known) and contact details.
• The Parole Board will check the records and will ascertain if the individual is eligible and due a review.
• If a review is due the Parole Board will contact the Public Protection Casework Section. The Public Protection Casework Section will then start collecting the information for the review and make the referral.