IPP licence termination member guidance
The Parole Board has issued guidance to members on the termination of IPP licences for prisoners 10 years after their initial release.
Applies to England and Wales
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An offender sentenced to Imprisonment for Public Protection (IPP) or Detention for Public Protection (DPP) has the right, under section 31A of the Crime (Sentences) Act 1997 to apply for consideration to be given to terminating their licence 10 years after their initial release, regardless of whether they have subsequently been recalled and re-released.
It is only the Parole Board that can terminate an IPP or DPP licence. Rule 31 of the Parole Board Rules 2019 deals explicitly with termination of these licences.
Any applications for termination of an IPP or DPP licence should be made by the offender themselves, either to the Parole Board directly, or via their Community Offender Manager (COM).
Where an application is received by the Parole Board directly from the offender the Parole Board will notify PPCS via a standard direction and provide a copy of the application and the offender’s contact details. PPCS will then notify the COM, who will prepare a report to add to the dossier of information that the Parole Board will need in order to consider the application.
When the Parole Board receives the dossier of information it will carry out a risk assessment to establish if the licence can be terminated or if it is still required to protect the public. The Parole Board can make one of the following decisions:
(a) terminate the offender’s licence (b) amend the offender’s licence (c) refuse the application
Once an IPP or DPP licence has been terminated, the offender will not be subject to recall on that licence, and unlike the suspension of supervision (which is a separate process), all of the licence conditions related to that licence are terminated and may not be re-imposed.
If a request is refused a further application can be made after 12 months.