Lead member
Sir Robert Neill
Conservative, Bromley and Chislehurst
Commons
Decision
Not moved
The amendment was not moved. The House was not invited to take a decision on it.
Amendment text
To move the following Clause—
“Re-sentencing those serving a sentence of imprisonment for public protection
(1)
The Lord Chancellor must make arrangements for, and relating to, the re-sentencing of all prisoners serving IPP sentences within 18 months beginning on the day on which this Act is passed.
(2)
Those arrangements must include arrangements relating to the establishment of 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 nominated by the Lord Chief Justice.
(4)
A court that imposed an IPP sentence has the power to re-sentence the prisoner in relation to the original offence.
(5)
But the court may not impose a sentence that is a heavier penalty than the sentence that was imposed for the original offence.
(6)
In relation to the exercise of the power in subsection (4)—
(a)
that power is to be treated as a power to re-sentence under the Sentencing Code (see section 402(1) of the Sentencing Act 2020);
(b)
the 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).
(7)
In this section—
“IPP sentence” means a sentence of imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 or a sentence of detention for public protection under section 226 of that Act (including such a sentence of imprisonment or detention passed as a result of section 219 or 221 of the Armed Forces Act 2006);
“original offence” means the offence in relation to which the IPP sentence was imposed.
(8)
This section comes into force at the end of the period of two months beginning with the day on which this Act is passed.”
Member's explanatory statement
This new clause would implement the recommendation of the Justice Committee’s 2022 Report that there should be a resentencing 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.