This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn how indeterminate sentences for public protection (IPP) work in England and Wales, including how tariffs, Parole Board reviews, licence supervision and termination operate. This guide explains what an IPP sentence is, why it was introduced, how it is applied, and the current issues affecting people still subject to these sentences.
Indeterminate sentences for public protection (most commonly referred to as Imprisonment for Public Protection, or IPP) were a specific type of criminal sentence used in England and Wales between 2005 and 2012. They were designed to manage offenders who posed a significant risk to public safety but whose offences did not warrant a life sentence. Although abolished in 2012, many people remain subject to these sentences today, and the way they operate continues to have practical legal implications.
This guide explains what indeterminate sentences are, how they were applied, the roles of courts and the Parole Board, licence supervision and termination, and current legal issues affecting people subject to them.
What Is an Indeterminate Sentence for Public Protection?
An indeterminate sentence for public protection is a sentence without a fixed end date. This means the offender does not have a set release date at the time of sentencing. Instead, the court sets a minimum term (also called a tariff), which is the least amount of time the offender must serve in custody. Beyond this tariff, the individual can only be released when an independent tribunal - the Parole Board - is satisfied that they no longer pose a significant risk to the public.
Although most indeterminate sentences were enacted through the IPP scheme, similar principles applied to Detention for Public Protection (DPP) sentences used for offenders under 18.
Why Were IPP Sentences Introduced?
IPP sentences were introduced by section 225 of the Criminal Justice Act 2003 and took effect in 2005. The intention was to give courts an option between a standard determinate sentence and a life sentence for serious offenders whom the court judged to pose an ongoing risk to public safety. This could include people convicted of violent or sexual offences who did not meet the threshold for life imprisonment.
The structure was intended to balance punishment with the protection of the public by:
- Setting a tariff reflecting the gravity of the offending;
- Requiring that parole be granted only when the risk of serious harm had sufficiently reduced.
How Are Indeterminate Sentences Applied in Practice?
1. Sentencing Stage
At sentencing, a court could impose an IPP sentence if:
- The offence met the statutory criteria (serious violent, sexual or other specified offences);
- The court believed that the offender posed a significant risk to the public;
- The offence did not justify a life sentence.
The judge would set a tariff based on the seriousness of the offence. This tariff was intended to reflect punishment, while the indeterminate portion addressed future risk.
2. Serving the Tariff
During the tariff, the offender is detained in custody. They must complete this minimum period before being eligible for consideration by the Parole Board.
3. Parole Board Review
Once the tariff has been served, the offender may apply to the Parole Board. This independent body assesses whether the offender has:
- Demonstrated progress in addressing offending behaviour;
- Completed relevant programmes and risk assessments;
- A robust release plan that manages risk in the community.
The Parole Board must be satisfied that the offender no longer poses a significant risk of serious harm to the public before granting release. The focus is on current risk, not on punishment or time already served.
If the Parole Board refuses release, the offender continues to be detained and the decision is reviewed periodically, typically at least every two years.
4. Licence and Supervision After Release
If released, the offender is granted an indeterminate licence supervised by the probation service. Licence conditions aim to manage risk and might include:
- Reporting requirements to the probation service;
- Prohibitions on certain behaviours;
- Residence and contact conditions.
Breaching licence conditions can lead to recall to custody. If recalled, the individual is detained indefinitely until the Parole Board is satisfied that release is appropriate.
5. Termination of Licence
Unlike life sentences, where licence conditions remain for life, IPP licences can be terminated. After a qualifying period (typically 10 years from first release), the Parole Board may consider terminating the licence. If satisfied that the risk of serious harm is sufficiently low, the Parole Board can direct that the licence cease and the sentence ends.
The Victims and Prisoners Act 2024 introduced further legal changes governing licence termination, including automatic termination in certain circumstances and a reconsideration mechanism for Parole Board decisions.
Legal Issues and Challenges
1. Abolition and Legacy Cases
IPP sentences were abolished in May 2012 under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 because of widespread concern about their misuse. However, the abolition did not apply retrospectively. This means that thousands of people sentenced under the IPP regime before 2012 remain subject to indeterminate detention or licences.
2. Criticism and Appeals
Critics argue that some people have been detained indefinitely long beyond their tariffs, sometimes for minor offences, because the Parole Board could not be satisfied that they posed no risk. The Criminal Cases Review Commission has referred a number of such indeterminate sentences to the Court of Appeal for potential appeal, especially where the original sentencing process is alleged to have been flawed or disproportionate.
Key Practical Points for Affected Persons
- Indeterminate sentences do not automatically end on a fixed date. Release depends on a Parole Board risk assessment.
- Licence conditions can last indefinitely after release unless formally terminated by the Parole Board.
- Breaching licence conditions can result in recall and further detention.
- Individuals subject to ongoing IPP sentences may seek legal advice to explore avenues for parole review or licence termination. (This is general information, not legal advice.)
Key Takeaways
Indeterminate sentences for public protection, through the IPP scheme, were designed to protect the public by detaining individuals considered dangerous until they could demonstrate risk reduction. Although abolished in 2012, they continue to affect many offenders today. Key features include:
- No fixed end date;
- A mandatory tariff followed by a Parole Board risk assessment;
- Licence supervision after release, with potential recall for breaches;
- Prospects for licence termination after specified qualifying periods.
The legal landscape remains complex, with ongoing policy changes and Court of Appeal referrals highlighting continuing issues.
