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If a prisoner has an IPP with a tariff of five years how quickly can he be released
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I'll offer my thanks to Norman for apologizing (since it was me who spotted his error and informed him). I'll also try to clarify my answer which I gave to your other post:
With a 'normal' prison sentence, the offender is usually released well before the end of the actual term specified by the court. However, an IPP is effectively the same as a life sentence. (The only real difference is that someone sentenced to 'life' will always be on licence after their release from prison. Someone who is released from an IPP can apply to have their licence period ended).
As with a life sentence, there is no definite end to an IPP. However, the court sets a 'tariff' which defines the minimum period which the person must remain in prison. If, at the end of this period, the parole board believe that the offender no longer presents a risk to the public, he will be released. However, if the parole board believe that there is still a significant element of risk, parole will not be granted. (Theoretically, someone sentenced to an IPP could spend the rest of their life in prison but, as with life sentences, this would hardly ever happen).
As stated, the tariff defines the minimum term of imprisonment. Regrettably, from your point of view, your son won't be released until he has served at least 5 years in prison. (Like all prison sentences, this includes any time in prison, prior to sentencing, while on remand).
Chris
With a 'normal' prison sentence, the offender is usually released well before the end of the actual term specified by the court. However, an IPP is effectively the same as a life sentence. (The only real difference is that someone sentenced to 'life' will always be on licence after their release from prison. Someone who is released from an IPP can apply to have their licence period ended).
As with a life sentence, there is no definite end to an IPP. However, the court sets a 'tariff' which defines the minimum period which the person must remain in prison. If, at the end of this period, the parole board believe that the offender no longer presents a risk to the public, he will be released. However, if the parole board believe that there is still a significant element of risk, parole will not be granted. (Theoretically, someone sentenced to an IPP could spend the rest of their life in prison but, as with life sentences, this would hardly ever happen).
As stated, the tariff defines the minimum term of imprisonment. Regrettably, from your point of view, your son won't be released until he has served at least 5 years in prison. (Like all prison sentences, this includes any time in prison, prior to sentencing, while on remand).
Chris
Thanks Chris this is what I'd thought but as this IPP thing is pretty new even some legal people ive spoken to were not 100% sure themselves,Im sure the trial judge mentioned to serve at least 30months up until 5 yrs but it all passed in a blurr with the shock!Any idea how to get hold of the info(verdit and sentencing) papers from,I'd like to read it ? very grateful, sandra
Thanks for your reply.
My understanding of court proceedings is that, while the actual case papers are confidential, each court has a register (which is a public document) showing the 'bare bones' of each case. (e.g. "on 27 March 2007, John Smith was convicted of XYZ and sentenced to ABC"). If I've got this right, you should be able to obtain the relevant information from the appropriate court. I'm not sure whether you can do this by phone or whether you would need to write to the court (but it's worth starting with a phone call to see if the information is available).
You can obtain the address and phone number of any court in England or Wales from here:
http://www.hmcourts-service.gov.uk/HMCSCourtFi nder/
Chris
My understanding of court proceedings is that, while the actual case papers are confidential, each court has a register (which is a public document) showing the 'bare bones' of each case. (e.g. "on 27 March 2007, John Smith was convicted of XYZ and sentenced to ABC"). If I've got this right, you should be able to obtain the relevant information from the appropriate court. I'm not sure whether you can do this by phone or whether you would need to write to the court (but it's worth starting with a phone call to see if the information is available).
You can obtain the address and phone number of any court in England or Wales from here:
http://www.hmcourts-service.gov.uk/HMCSCourtFi nder/
Chris
Thanks again for your reply.
Your son will be eligible for parole after 2.5 years. That doesn't mean that he has to wait until that point and then commence a long-winded application process; the process will start (automatically, I think) several months beforehand so that, if the parole board agree, your son could be released as soon as the 2.5 years are completed.
Chris
Your son will be eligible for parole after 2.5 years. That doesn't mean that he has to wait until that point and then commence a long-winded application process; the process will start (automatically, I think) several months beforehand so that, if the parole board agree, your son could be released as soon as the 2.5 years are completed.
Chris
Hi solly sorry your friend is battling to fight the system I can only hope my lad is luckier with his case.Im told that if your friend has offended in the nick it will go against him with the parole board,he's at their mercy im afraid and he has to convince them he's not a danger to the public.Tell him I wish him well.
Yes hes done a lot of courses and goes to his first parole meeting in august.I believe theres a debate going on at the moment re IPPs and its been ruled illegal to keep prisoners after the set tariff if the courses required are not available.Ive read that some are suing ! Im told that if a prisoner is needed to complete certain courses to aid his re-habiliation and if the prison service cant provide those courses for whatever reason then thats illegal and against human rights.
My son was looking at getting an IPP and got away by the skin of his teeth. He is at present his sentence, but whilst he was on remand awaiting sentence he was told so many horror stories about this IPP and it honestly dorve us all mad. The stories to date are (i spoke to him about this last night). Theres are person still in prison (5 years on) who got a minimum serve of 12 months with an IPP. After 12 months he was automatically up against the parole board and had not completed all the courses they set out upon his sentencing i.e. anger management, alcohol, drugs rehab, life enhancment etc. they have to have complete ALL these before they can be released. Apparently the parole board only here you once every 12 months (only hearsay), so if you have not completed them all they tell you to go away and they will assess it in 12 months and so it goes on. Apparently the prisons are so overcrowded that they have not got the facilities, resources or people available to do these courses. Just because you are on an IPP does not mean you have priority over courses, you have to wait in line like everyone else.
I have also been told (only hearsay again) that the courses are harder to get on in a privately owned prison because they have less funding available for these.
I sincerely hope that all goes well - there is a lobby going through against these IPPs because they are causing the prison overcrowding - it is unfair and unjust.
I have also been told (only hearsay again) that the courses are harder to get on in a privately owned prison because they have less funding available for these.
I sincerely hope that all goes well - there is a lobby going through against these IPPs because they are causing the prison overcrowding - it is unfair and unjust.
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