In this working paper, Sarah Markham sets out the case for establishing a structured resentencing review mechanism for people still serving Imprisonment for Public Protection (IPP) sentences in England and Wales.
Although IPP sentences were abolished in 2012, thousands of people remain subject to indeterminate detention or lifelong licence conditions. The paper argues that the continued operation of the IPP sentence has created a system that is disproportionate, procedurally unjust and ultimately undermines both rehabilitation and public protection.
This is not an argument for leniency, but for more reliable, evidence-based public protection, criminal justice and offender care.
Drawing on legal, psychological and criminological evidence, the author examines how prolonged indeterminate detention can lead to psychological harm, institutionalisation and distorted risk assessment. She argues that current approaches often fail to distinguish between risks arising from the prison environment and those posed by the individual, resulting in a self-reinforcing cycle that can make release increasingly difficult.
To address these issues, the paper proposes the introduction of an automatic resentencing review for all remaining IPP prisoners. The proposed framework would involve an independent multidisciplinary panel, transparent decision-making, contextualised risk assessment and a non-adversarial hearing process informed by principles of therapeutic jurisprudence. The paper also recommends reforms to post-release licence and recall arrangements to reduce unnecessary returns to custody while maintaining public protection.
The Centre for Crime and Justice Studies’ working paper series publishes research and analysis of an exploratory nature. Working papers are not formally peer-reviewed, but are intended to stimulate reflection and discussion on current and relevant areas.
