Member

89: After Clause 19, insert the following Clause— “Re-sentencing those serving a sentence of imprisonment for public protection(1) The Lord Chancellor must make arrangements to ensure that every individual serving a sentence of imprisonment for public protection (“IPP sentence”), whether in prison or the community, has been re-sentenced within 24 months of the day on which this Act is passed.(2) The Lord Chancellor must establish a committee to provide advice regarding the discharge of the Lord Chancellor’s duty under subsection (1).(3) The committee established by virtue of subsection (2) must include a judge or retired judge—(a) under the age of 75,(b) authorised, or authorised immediately before retirement, to try cases of murder, and(c) nominated by the Lady or Lord Chief Justice.(4) Within six months of being appointed, the committee must lay a report before Parliament on the process of re-sentencing individuals serving an IPP sentence.(5) After a report has been published under subsection (4), the Lord Chancellor may disband the committee established under subsection (2) whenever the Lord Chancellor considers appropriate.(6) The Lord Chancellor must disband the committee once all those serving IPP sentences have been re-sentenced.(7) A person (“P”) serving an IPP sentence must be re-sentenced in relation to the offence or offences for which P was originally sentenced at a Crown Court designated by the Lord Chancellor for that purpose.(8) The re-sentencing court—(a) must not impose a sentence more severe than the notional determinate sentence upon the basis of which the tariff was specified as needing to be served before an application for release on licence might be made, and(b) may substitute for the IPP sentence a hospital order under section 37 of the Mental Health Act 1983, with or without a restriction order under section 41, but only if—(i) the court is satisfied, on the evidence required by that Act, that appropriate in patient treatment is available for P, and(ii) in the case of a restriction order under section 41, the statutory criteria for making such an order are met.(9) The re-sentencing court may confirm the sentence of IPP only if—(a) the re-sentencing judge determines that, at the date of the original sentencing, ignoring the alternative of an IPP sentence, P might appropriately have received a sentence of life imprisonment, and(b) at the date of re-sentencing, there is a substantial risk of P committing a further serious offence resulting in substantial harm if released. (10) Cases falling within the scope of subsection (9) may only be re-sentenced by a judge authorised, or authorised immediately before retirement, to try cases of murder.(11) The re-sentencing court may recommend that P may be subject to an extended licence for a period of up to five years, incorporating such conditions as the re-sentencing court considers appropriate to minimise the risk of re-offending.(12) In relation to the exercise of the power in subsection (7)—(a) the power is to be treated as a power to re-sentence under section 402(1) of the Sentencing Code, and(b) the Sentencing Code applies for the purposes of this section (and, accordingly, it does not matter that a person serving an IPP sentence was convicted of an offence before 1 December 2020).(13) For the purposes of this section, “IPP sentence” means—(a) a sentence of imprisonment or detention in a young offender institution for public protection under section 225 (since repealed) of the Criminal Justice Act 2003,(b) a sentence of detention for public protection under section 226 (since repealed) of the Criminal Justice Act 2003, or(c) a sentence of imprisonment or detention passed as a result of sections 219 or 221 of the Armed Forces Act 2006.”Member’s explanatory statement This new clause would implement the recommendation of the Justice Committee’s 2022 Report that there should be a re-sentencing exercise in relation to all IPP sentenced individuals, and to establish a time-limited expert committee, including a member of the judiciary, to advise on the practical implementation of such an exercise. It would also allow the court to substitute a hospital order, with or without a restriction on release for an IPP sentence in appropriate circumstances.