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Indeterminate sentences

Law changes have created new public protection sentences. The changes aim to make sure that a life sentence means a life sentence.

The Government is totally committed to protecting the public from dangerous criminals.  That is why the Criminal Justice Act 2003 created new public protection sentences aimed specifically at sexual and violent offenders.

That same Act also provided clear guidelines to judges and magistrates on the need for stringent minimum periods of imprisonment for those convicted of murder.  This included provisions for ensuring that life means life in a greater number of cases than before.

'Lifer' facts:

• Life sentences differ from fixed-term sentenced offenders since they have no automatic right to release and only have a set minimum time in which to serve in custody. On sentence, all lifers are now advised by the trial judge of the minimum period of imprisonment that they must serve.  No life sentence prisoner can expect to be released before they have served the minimum sentence period (tariff).
• Regular risk assessments are carried out in order to assess a life sentence prisoner’s progress and whether a life sentence prisoner is ready to progress to a lower category prison, including open conditions, or release.
• Every lifer released on licence remains subject to recall to custody for the rest of their lives. The licence is supervised by the probation service and, although, the supervisory element of that licence may be cancelled when appropriate, the licensee remains liable to recall to prison for the rest of their natural life.

Types of indeterminate sentences:

Mandatory Life Sentence – For adults who commit murder.

Discretionary Life Sentence – For adults who commit other serious offences (e.g. manslaughter, arson, rape and causing an explosion).

Automatic Life Sentence – For a second serious violent or sexual offence but an offender aged 18 or over.  Replaced in April 2005 by the indeterminate sentence for Imprisonment for Public Protection (IPP).

Imprisonment for Public Protection (IPP) – Applies to offenders convicted of a specified sexual or violent offence carrying a maximum penalty of 10 years’ imprisonment or more (called “serious specified offences”) and who are considered by the courts to be dangerous.  Applies to adults and young offenders.

Detention during Her Majesty’s Pleasure – The only sentence available to the courts for a person convicted of murder who was aged over 10 but under 18 at the time of the offence.

Custody for Life – The mandatory sentence for a person aged 18 or over but under 21 at the time of the offence who is convicted of murder and sentenced while under 21.  Also a discretionary sentence for those in this age group convicted of other offences for which a maximum sentence of life imprisonment can be passed on an adult.

Detention for Public Protection (DPP) – Equivalent to an IPP but for under 18s.

Detention for Life – Equivalent to a discretionary life sentence.  Available for persons aged over 10 but under 18 convicted of offences other than murder, for which a life sentence may be passed on an adult.