The Lord Chancellor must make arrangements to ensure every individual
serving an IPP sentence, whether in prison or the community, has been
re-sentenced within 24 months of the day on which this Act is passed.
A
bill
to
Make provision for a re-sentencing exercise in relation to all Imprisonment for Public Protection (IPP) sentenced individuals; to establish a time-limited expert committee, including a member of the judiciary, to advise on the practical implementation of such an exercise; and for connected purposes.
B e it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
The Lord Chancellor must make arrangements to ensure every individual
serving an IPP sentence, whether in prison or the community, has been
re-sentenced within 24 months of the day on which this Act is passed.
The Lord Chancellor must establish a committee to provide advice regarding
the discharge of the Lord Chancellor’s duty under subsection (1).
The committee established by virtue of subsection (2) must include a judge
nominated by the Lord Chief Justice, and must lay a report before Parliament
on the process of re-sentencing individuals serving an IPP sentence within
12 months of being appointed.
The Lord Chancellor may disband the committee established by virtue of
subsection (2) when they consider appropriate after a report has been
published under subsection (3), but must disband the committee once all
those serving IPP sentences have been re-sentenced.
Once the Lord Chancellor has initiated arrangements under subsection (1), a
court that imposed an IPP sentence must re-sentence the person serving an
IPP sentence in relation to the original offence.
The court may not impose a sentence that is a heavier penalty than the tariff
that was imposed for the original offence.
In relation to the exercise of the power in subsection (5)—
that power is to be treated as a power to re-sentence under section
402(1) of the Sentencing Act 2020;
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).
In this Act—
“
IPP sentence” means—
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repealed, of the Criminal Justice Act 2003, or
a sentence of detention for public protection under section 226,
since repealed, 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.
This Act extends to England and Wales only.
This Act comes into force at the end of the period of two months beginning
with the day on which it is passed.
This Act may be cited as the Imprisonment for Public Protection
(Re-sentencing) Act 2024.
A
bill
to
Make provision for a re-sentencing exercise in relation to all Imprisonment for Public Protection (IPP) sentenced individuals; to establish a time-limited expert committee, including a member of the judiciary, to advise on the practical implementation of such an exercise; and for connected purposes.
Ordered to be Printed, .
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