If you or someone you care about is serving an IPP sentence, the uncertainty can be overwhelming. Many people struggle to understand why a sentence can continue long after the original prison term, or what needs to happen for release to be considered.
This guide is written for people serving an IPP or DPP sentence, those on IPP licence in the community, and families trying to make sense of what happens next.
Understanding IPP Sentences & Indefinite Detention
An IPP sentence, short for Imprisonment for Public Protection, is an indeterminate sentence. That means it does not have a fixed end date. IPP sentences were imposed between 2005 and 2012 on people convicted of certain serious offences where the court decided there was a significant risk of serious harm to the public.
The sentence is made up of two parts. The first part is the tariff, which reflects punishment of the offence. The second part is detention for public protection. After the tariff has been served, continued imprisonment is based on risk rather than time. Someone remains in custody until the Parole Board decides that their risk can be safely managed in the community.
Why IPP Sentences Still Affect People Today
IPP sentences were abolished in 2012. However, the change was not retrospective. This means that people who were sentenced before abolition remained subject to IPP. Either in custody or on licence after release. As a result, many people are still serving IPP sentences today, even though no new IPP sentences can now be imposed by the courts.
Some individuals remain in prison long after tariff. Others have been released but live under lifelong licence conditions unless those conditions are formally brought to an end. This is why IPP continues to affect prisoners and families more than a decade after abolition.
For more information or to discuss your concerns, call our team on 01274 561 666.
Tariff Explained: What It Means & What It Does Not
The tariff is the minimum period that must be served in prison to satisfy punishment for the offence. The judge sets the tariff at the time of sentence. Reaching the tariff date does not create a right to release and does not trigger automatic release.
After tariff expiry, detention becomes preventative rather than punitive. From that point onwards, release depends entirely on the Parole Board deciding that the risk of serious harm can be safely managed in the community.
Life After Tariff On An IPP Sentence
Once tariff has expired, someone is described as post tariff. Continued detention is lawful if the Parole Board has not directed release. This is not because of delay or administrative failure in itself, but because the legal test for release has not yet been met.
Post tariff detention can feel deeply unfair, especially when years pass without release. However, under current law, continued detention is justified where risk remains unmanageable in the community. The focus stays on public protection rather than time already served.
How The Parole Board Assesses IPP Cases
The Parole Board applies a public protection test. The question is whether the prisoner’s risk of serious harm can be safely managed in the community at the time of the review.
The Board does not decide whether someone deserves release. It decides whether release is safe.
Panels consider a wide range of evidence. This often includes probation reports, psychology assessments, behaviour in custody, compliance with sentence planning and proposed release plans. The quality and consistency of risk evidence matters far more than the passage of time.
Why Some IPP Prisoners Remain In Custody Long After Tariff
There are many reasons why someone may remain in custody years after tariff expiry. Common issues include unresolved risk factors, negative psychological assessments, limited evidence of risk reduction, or concerns arising from behaviour in custody.
Progression courses are not always available when needed, which can delay the gathering of positive evidence. None of this means release is impossible, but it does explain why time alone does not move an IPP case forward.
What Happens When Someone Is Released On An IPP Licence
When the Parole Board directs release, the individual is released on licence. IPP licenses are long term and, unless terminated, can last for life. Licence conditions are set to manage risk and are supervised by probation.
Compliance with licence conditions is critical. Conditions may include restrictions on residence, contact, travel or behaviour. Breaching licence conditions does not require a new criminal offence.
Why Can Someone Be Recalled On An IPP Licence
Recall to prison can happen if probation believe that risk has increased and can no longer be safely managed in the community. A new offence is not required. Recall decisions are risked based and can follow alleged breaches, concerns about behaviour, or missed appointments.
Recall can feel sudden and devastating. It is important to understand that recall does not mean the original offence has restarted. It means the Parole Board will later review whether re release is safe.
How Re Release Works After Recall On An IPP Sentence
After recall, the case is referred to the Parole Board. The Board applies the same public protection test used for initial release. The focus is on current risk rather than punishment for recall.
Some people are re released relatively quickly. Others remain in custody while further evidence is gathered. Outcomes depend on risk assessment rather than legal argument alone.
IPP Licence Termination & The 2024-2025 Changes
IPP licences can now be considered for termination after a set period in the community, provided strict criteria is met. Recent changes mean that more people may be eligible to have their licence reviewed, but termination is not automatic.
The decision remains risk based and considers behaviour on licence, compliance, and ongoing risk factors. Many people will still need strong evidence before licence termination is granted.
Challenging An IPP Sentence: Appeals & The CCRC
Appeals against IPP sentences are limited and time restricted. In some cases, the Criminal Cases Review Commission may consider whether a sentence should be referred back to the courts. These routes are complex and separate from Parole Board release decisions.
Parole Board reviews focus on risk today. Appeals and CCRC applications focus on whether the sentence itself was lawful at the time it was imposed.
How Prison Law Solicitors Help In IPP Cases
Prison law solicitors support clients through Parole Board reviews, recall reviews, judicial reviews, adjudication, and licence termination processes. This includes preparing written representations, identifying risk evidence, and ensuring the correct legal test is applied.
Solicitors cannot guarantee release and cannot override risk assessments. Their role is to ensure that decisions are made lawfully, and on the basis of accurate information.
Getting Advice About An IPP Sentence
IPP sentences create long term uncertainty for individuals and families. While no one can promise outcomes, early and informed advice can help people understand their position, avoid preventable mistakes, and prepare properly for Parole Board reviews or recall decisions.
Chivers Solicitors provide specialist prison law and criminal defence advice for people affected by IPP sentences, including those facing parole reviews, recall or licence concerns. Our prison law solicitors in Durham support prisoners and families across County Durham, while our prison law solicitors serving Bingley and Bradford assist clients across West Yorkshire and surrounding areas. Confidential advice is available for prisoners and families who need clear guidance during an extremely difficult time.
To discuss your needs and how we can help, you can call us on 01274 561 666, email us at solicitors@chiverssolicitors.co.uk, or fill in our online contact form.
IPP FAQs
Is release automatic once an IPP tariff has been served?
No. Serving the tariff does not create a right to release. Release depends on the Parole Board deciding that risk can be safely managed in the community.
How often is an IPP case reviewed by the Parole Board?
Reviews usually take place at set intervals, often every two years, although timings can vary depending on circumstances.
Does someone have to commit a new offence to be recalled on an IPP licence?
No. Recall can happen without a new offence if probation believes risk has increased.
How long does recall last on an IPP sentence?
There is no fixed period. The Parole Board decides when re release is safe.
Can an IPP licence ever come to an end?
Yes. Licence termination is possible, but it is not automatic and depends on risk assessment.
Can a solicitor guarantee release from an IPP sentence?
No. Release decisions are made by the Parole Board based on risk, not guarantees or advocacy alone.