PSO 4700
Indeterminate Sentence Manual
Chapter One
Page 1
Chapter 1 INTRODUCTION
1.1
Overview
Unlike a prisoner with a determinate sentence who must be released at the end of their
sentence, those sentenced to life imprisonment or Imprisonment for Public Protection (IPP),
collectively called indeterminate sentenced prisoner(s) (ISP), have no automatic right to be
released. Instead, such prisoners must serve a minimum period of imprisonment to meet
the needs of retribution and deterrence. This punitive period is announced by the trial judge
in open court and is known commonly as the “tariff” period.
1.2
No indeterminate sentence prisoner can expect to be released before they have served the
tariff period in full. However, release on expiry of the tariff period is not automatic. Release
will only take place once this period has been served and the Parole Board is satisfied the
risk of harm the prisoner poses to the life and limb of the public is no more than minimal.
This means indeterminate sentence prisoners could remain in prison for many more years
on preventative grounds after they have served the punitive period of imprisonment set by
the trial judge. A release direction can only be made if the Parole Board is satisfied the risk
of harm the offender poses to the public is acceptable. The release of indeterminate
sentence prisoners is entirely a matter for the Parole Board and their decision is binding
upon the Secretary for State.
1.3
Sentencing
The Courts must impose a life sentence on any individual convicted of murder. This is the
only sentence available for such a conviction.
1.4
The maximum sentence that can be awarded by the Courts for a number of other types of
offences (for example rape, manslaughter, arson) is life imprisonment. It is for the Court to
decide whether the circumstances of the offence and the risk presented by the individual
warrant the maximum sentence of life imprisonment.
1.5
Types of Life Sentence
The three types of indeterminate sentence available to the Court and the respective age
related variants are as follows:
1.6
Mandatory Life Sentences
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1.7
Imprisonment for Life - this is the only sentence that can be imposed on anyone
who is convicted of murder and was 21 or over at the time of the offence.
Custody for Life - this is the mandatory sentence for a person aged 18 or over but
under 21 at the time of the offence.
Detention during Her Majesty's Pleasure - this is the mandatory sentence for a
person convicted of murder who was aged 10 or over but under 18 at the time of the
offence.
Discretionary Life Sentences
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Imprisonment for Life - this is the maximum sentence for those convicted of a
serious offence, e.g. manslaughter, attempted murder, rape, armed robbery, arson,
etc. who were 21 or over at the time of the offence
Custody for Life - this sentence may also be imposed where a person aged 18 or
over but under 21 at the time of the offence is convicted of any other offence for
which a discretionary life sentence may be passed on an adult.
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Indeterminate Sentence Manual
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1.8
Chapter One
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Detention for Life - this is the maximum sentence for a person aged 10 or over but
under 18, who is convicted of offences for which a discretionary life sentence may
be passed on a person over 21.
Imprisonment (or Detention) for Public Protection (IPP and DPP)
Under Section 225 of the Criminal Justice Act 2003, the courts will impose an indeterminate
sentence of IPP when the offender:
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is aged 18 or over;
is convicted of a serious specified violent or sexual offence committed on or after 4
April 2005, for which the maximum penalty is 10 years or more; and who
in the court's opinion, poses a significant risk of harm to the public
1.9
On 14 July 2008 changes to the above, introduced by Section 47 and Schedule 8 of the
Criminal Justice and Immigration Act 2008, came into force. The effect of these changes is
that IPP sentences may only be imposed where the offender would be required to serve at
least 2 years in custody (i.e. 2 year minimum tariff) or, in the cases of offenders under the
age of 18, where the offender has a previous conviction for one of a specified list of very
serious offences. The Act also removes the presumption of risk (requirement for judges to
conclude that the offender is dangerous) where there is a previous conviction for violent or
sexual crime. It also allows courts greater discretion so that, where all the conditions for an
IPP sentence are met, the court may impose a sentence of IPP, extended sentence or
other sentence as it finds most appropriate in the case.
1.10
Detention for Public Protection (DPP)
Under Section 226 of the Criminal Justice Act 2003 a sentence of DPP will be imposed in
the circumstances above when the offender is under 18 years of age.
1.11
Automatic Life Sentence
The automatic life sentence was replaced by the indeterminate sentence of Imprisonment
for Public Protection (IPP) for offences committed on or after 4 April 2005.
1.12
In the absence of exceptional circumstances, the courts passed this sentence on anyone
who was 18 or over on or after 1 October 1997 who was convicted of a second serious
violent or sexual offence. However, there will continue to be automatic life sentence
prisoners in the system for some years to come. Transitional arrangements enable those
automatic life sentences imposed before 4 April 2005, and the related life licence provisions
to remain in force.
1.13
Release
The Parole Board has the power to direct the release of all indeterminate sentence
prisoners but release can only take place once the minimum period of imprisonment has
been served (unless in exceptional compassionate circumstances) and the Parole Board is
satisfied the risk of harm the prisoner poses to the life and limb of the public is no more
than minimal.
1.14
All indeterminate sentence prisoners are released on a licence and are supervised by the
National Probation Service. The release licence contains a number of standard conditions
the offender must adhere to. On the recommendation of the Parole Board, the licence may
also contain additional conditions specific to the individual prisoner, such as the
requirement to undertake further offending behaviour work in the community or conditions
to exclude the individual from certain places in order to protect the victim or victim's family.
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Licences
There are currently slight differences in the licences issued to lifers and IPP.
1.16
Released lifers:
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are subject to a life licence which remains in force for the duration of their natural
life;
may be recalled to prison at any time to continue serving their life sentence if it is
considered necessary to protect the public.
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1.17
Released IPPs:
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1.18
are subject to an IPP licence ;
may be recalled to prison while the licence remains in force to continue serving their
sentence if it is considered necessary to protect the public;
can apply to the Parole Board to have their licence cancelled after 10 years in the
community (and, if unsuccessful, at yearly intervals thereafter);
once cancelled by the Parole Board, the licence can not be re-instigated.
Whole Life Orders
Where the trial judge has decided the requirements of retribution and deterrence can only
be satisfied by the prisoner remaining in prison for the rest of their life, the trial judge will not
set a minimum term of imprisonment. These prisoners are not eligible for a Parole Board
review or release. Although a whole life order applies only in mandatory lifer cases, it is
open to a trial judge in non-murder cases to decline to set a minimum period of
imprisonment, which has the same effect. In both case the prisoner may appeal against the
length of imprisonment.
1.19
Public Protection Casework Section
Lifer Review & Recall Section (LRRS) joined the National Offender Manager’s Directorate
on 1 April 2005. It was renamed the Pre-Release Section in 2007 and following a further
re-organisation, joined with the Post Release Section to become the Public Protection
Casework Section in September 2008. The main functions of the Section, in respect of
indeterminate sentenced prisoners are as follows: 
to monitor the whole Parole Board review process for all indeterminate sentenced
prisoners – lifers and IPP
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to ensure Parole Board reviews are carried out at the appropriate time;
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to consider individual recommendations in those cases where the Parole Board
panel has recommended the transfer of an ISP from closed to open conditions;
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to consider and, where appropriate, refer cases to the Parole Board for advice on
the question of an ISP’s continued suitability for open conditions (and any other
matters affecting release);
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to monitor the progress of ISP licensees in the community including recall to
custody and cancellation of supervision;
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to liaise with the Prison Service on operational ISP policy development.
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Parole Board
The Parole Board is the independent body protecting the public by making risk
assessments about prisoners to decide who may safely be released into the community
and who must remain in, or be returned to, custody. The Board determines the release of
all indeterminate sentence prisoners. When a minimum term has been served, an ISP may
be released subject to supervision on licence by the National Probation Service, if the
Parole Board is satisfied it is no longer necessary for the prisoner to continue to be
detained in custody.
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