The House of Commons Justice Committee has challenged government claims that resentencing of prisoners under the Imprisonment for Public Protection (IPP) sentence is unworkable.
Writing to justice ministers Lord Timpson and Sir Nic Dakin MP, the Committee challenges government claims that resentencing of those under IPP is a threat to public protection. It emphasises that a resentencing exercise would not result in the automatic release of all IPP prisoners and calls for the government to reconsider establishing an expert committee to explore safe and effective solutions.
The government has rejected the Justice Committee’s recommendation for a resentencing exercise, stating that it ‘would automatically release a number of people who we do not believe it would be safe to release’.
In his letter to ministers, the Justice Committee chair, Andy Slaughter MP, notes that the government’s objections to resentencing appear to misunderstand the recommendations. Regarding public safety, Slaughter highlights that the Committee’s recommendation does not mean automatic releases. Instead, it advocates for a carefully calibrated approach, including:
- A time-limited expert committee to develop a practical and proportionate resentencing scheme.
- Legislative safeguards to ensure public protection and appropriate post-release supervision.
He writes:
the Committee’s recommendation would, if accepted, require several stages, each of which would require the Government’s support before any resentencing of IPP prisoners could occur.
The potential for a resentencing exercise… is yet to be adequately explored. We would therefore encourage the Government to consider again the establishment of an expert committee to explore the options for resentencing those serving IPP sentences.
A Private Member's Bill, presented by Lord Woodley, is calling for a resentencing exercise of IPP prisoners. It has recently passed the second reading.
Speaking today, the Centre for Crime and Justice Studies Director, Richard Garside, said:
It is good to see the Chair of the Justice Committee challenge the government misinformation campaign on the resentencing of those under the awful IPP sentence.
Whether by accident or design, ministers have sowed confusion over the practicalities of the resentencing proposals by wrongly claiming it would result in an unplanned and uncontrolled immediate release of thousands of prisoners. This was never the case.
I very much hope that ministers will take up the suggestion of the Chair of the Justice Committee, Andy Slaughter, and establish an expert committee to advise it on the practicalities of a resentencing programme.
The ongoing IPP crisis
Introduced in 2005 under the Criminal Justice Act 2003, IPP sentences were designed to detain individuals deemed a serious risk to public safety. Though abolished in 2012, the sentence’s legacy endures, with over 2,600 individuals still imprisoned under its provisions as of September 2024. Many of these prisoners remain incarcerated far beyond their original tariffs, sparking widespread criticism of the sentence.
In 2022, the Justice Committee recommended introducing legislation to enable a resentencing exercise for all IPP prisoners. The proposal aimed to address the injustice of IPP sentences, restore proportionality to sentencing, and balance public protection with justice for offenders.
The Committee outlined key principles for the resentencing exercise:
- Ensuring public protection while delivering justice for individuals.
- Respecting the independence of the judiciary.
- Prohibiting the imposition of harsher sentences retrospectively.
The Committee’s report stressed that resentencing would not mean the automatic release of all IPP prisoners. Some individuals could remain in custody due to the severity of their original offences or ongoing risks to public safety.
