Parole

Prisoners serving a determinate sentence are usually released automatically at a point fixed by legislation relating to their sentence. In contrast, indeterminate sentenced prisoners can only be released by the Parole Board after the expiry of their tariff. They must serve a minimum term, in full, in prison, at the end of which they can only be released if the independent Parole Board is satisfied that it is no longer necessary for the protection of the public for the offender to be confined. Therefore, introducing release dates fixed by the Parole Board would primarily affect indeterminate sentences.

In accordance with legislation, an indeterminate sentenced prisoner must have a parole review to consider whether the release test is met and if not, to confirm further detention. Reviews take place just prior to tariff expiry and then at least every two years thereafter. The setting of fixed release dates would not be compatible with the need for release to be based on the current risk posed by offenders and whether they could be managed safely if released into the community on licence.

During the passage of the Sentencing Act 2026, the House of Lords voted against an amendment to legislate for the Parole Board to fix a future release date for IPP prisoners.