Life Sentences - including Indeterminate Sentences
Does an indeterminate sentence always mean that someone will spend the rest of their life in prison?Some prisoners will stay in prison for the rest of their lives because of the nature of their crimes, although few indeterminate prisoners receive a whole life tariff (currently about 33 out of a total of around 8000 prisoners). Most receive a set tariff, which is the minimum period they must serve in prison before being considered for release. The length of time they spend in prison depends on the length of the tariff and whether, at the end of this time, they pose a risk to the safety community.
Who sets the tariff?
The trial judge sets the tariff in open court in all types of indeterminate sentence case.
What are the different types of indeterminate sentence?
A mandatory lifer is someone who is over 21 and has been convicted of murder. Life imprisonment is the only sentence a court can pass for this offence.
The court imposing a mandatory life sentence has to follow strict statutory guidelines. There are 3 starting points, 15, 30 and whole life terms. The term imposed can be subject to an appeal by the prisoner or by the Attorney General if it is considered to be unduly lenient.
A discretionary lifer is someone who has been given a life sentence as the maximum penalty for a serious offence (not murder). This sentence is no longer passed due to a change in the law.
An indeterminate sentence of Imprisonment for Public Protection (IPP) is given to someone who is convicted of a serious specified violent or sexual offence for which the maximum sentence is 10 years or more and who, in the court's view, poses a significant risk of serious harm to the public.
What about young offenders?
For people under 21 there are several different categories of indeterminate sentence:
People under 21 can also receive detention for life or custody for life as the juvenile equivalents to the adult discretionary sentence.
Young offenders under 18 can receive a sentence of Detention for Public Protection (DPP) which is the equivalent to the IPP adult sentence.
Who decides where the prisoner is detained?
The prison holding the prisoner decides whether and where to transfer them. The decision will be based on several factors including progress, the offending behaviour work needed to reduce risk factors and whether the prisoner is ready to be re-categorised. The need to maintain family contact is also taken into account if at all possible, but the needs of protection of the public and risk reduction work come first, and it may not always be possible for prisoners to be transferred to a prison convenient for family visits.
What happens while the person is in prison?
They have a sentence plan, setting out details of any problems they need to work on, such as drug addiction or anger management. Their progress is reviewed each year and an action plan made for the coming year. Whether the prisoner complies with the sentence plan along with their behaviour in prison will play an important part in decisions about whether they can be released after the tariff is served.
What about victims?
The Victim's Charter states that the Probation Service must contact the victim or their family within two months of sentence. The victim or their family can ask to be informed when the prisoner is to be moved, released or to go on an escorted absence or release on temporary licence. They can express any worries they have concerning the prisoner's release and these will be taken into account when licence conditions are set.
What is an escorted absence?
Indeterminate sentence prisoners may apply for an escorted absence if they have reached Category C or Second Stage conditions, are within 12 months of their next Parole Board review and are within 4 years of tariff expiry. An escorted absence usually involves trips to a local town accompanied by a prison officer. It allows prison staff to observe the prisoner's ability to behave responsibly when coming into contact with members of the public and allows prisoners to familiarise themselves with aspects of the community.
When will the Parole Board consider the prisoner's case?
The first review is to consider the prisoner's suitability for a transfer to open prison to prepare for release. This review usually begins about 3 years before the tariff expires. The Home Office and prison put together a dossier of papers including reports from professionals who have had contact with the prisoner, which s/he will get to see and comment on beforehand. The Parole Board will then decide whether to recommend a move to an open prison. It is for the Secretary of State to decide whether to accept the recommendation. A second review takes place shortly before the tariff expires. The purpose of this review is to consider release. All cases where release /transfer to open conditions are a possibility are considered at an oral hearing. Indeterminate sentence prisoners not released at tariff expiry must be reviewed by the Parole Board every 2 years at the most.
What is release on temporary licence?
When an indeterminate sentence prisoner prison has spent some time in an open prison they are eligible to apply for release on temporary licence (ROTL). Initially this will usually take the form of unescorted day release for work or educational purposes or simply to get reacquainted with life in the community. Eventually, the prisoner can progress to taking home leaves at the proposed release address.
What other preparation is made for release?
The supervising probation officer will keep in contact with the prisoner and work with him/her and the prison to formulate a release plan .This will cover things like accommodation, employment and training.
Who decides if a prisoner is released at the end of the tariff?
The Parole Board, an independent body which advises the Home Secretary on various matters, and is made up of people such as judges, probation officers, psychiatrists and lay members has the power to direct release on grounds that the prisoner's risk to public safety is minimal. The Parole Board may direct the release of prisoners detained in closed or open prisons.
What happens after release?
For the first few years following release, they will be expected to keep in regular contact with a probation officer, and to inform probation if they wish to move or start a job for example. There may be other conditions attached to the release licence such as not contacting certain people or complying with medical or other treatment. After a set period the Probation Service may recommend to the Home Office that the licence conditions be cancelled. If cancellation is agreed, the person would no longer have to keep in touch with the probation officer, but would remain on licence. This means that if he/she behaves in a way that indicates that he/she may pose a risk to public safety, he/she can be recalled to prison to continue serving the indeterminate sentence.
Persons given a life sentence remain on a life licence for the rest of their life (although at some stage the conditions attached may be cancelled). If sentenced to Imprisonment for Public Protection the individual can apply after 10 years to have his/her license terminated by the Parole Board if it considers it safe to do so on public protection grounds. If the licence is not terminated, further applications can be made at yearly intervals thereafter.
(March 2007)
(With thanks to the Lifer Unit at HM Prison Service for their amendments)