Information about sentence, tariff and applying for life licence

What type of sentence do I have?

There are three types of life sentence for adult offenders:

• The mandatory life sentence - the only sentence available to the courts for persons over the age of 21 found guilty of murder.
• The discretionary life sentence - may be imposed for a violent or sexual offence, the sentence for which is not fixed by law (for example rape, manslaughter, arson).  It is generally passed because it is not possible to determine at the time of sentence whether the offender would be safe to be released at the end of a determinate sentence.
• The automatic life sentence - must be passed under section 2 of the Crime (Sentences) Act 1997 for a serious sexual or violent offence committed on or after 1 October 1997 by an offender who was over 18 at the time and had a previous conviction such an offence. This sentence is abolished by the Criminal Justice Act 2003.

The equivalent life sentences for people under the age of 21 are:

• Detention during Her Majestys Pleasure - the only sentence available to the courts for a person convicted of murder who was under 18 at the time of the offence
• Detention for life (equivalent to a discretionary life sentence)
• Custody for life - the sentence for a person aged 18 or over but under 21 at the time of the offence who is convicted of murder and sentenced while under 21.
• Where a person aged 18 or over but under 21 at the time of the offence is convicted of any other offence for which a life sentence maybe passed on an adult the court shall, if it considers that a custodial sentence for life is appropriate, sentence him or her to custody for life.

Other indeterminate sentence prisoners

The Criminal Justice Act 2003 has introduced the following sentence in respect of offences committed on or after 4 April 2005:

Public protection for an indeterminate period (IPP) on conviction of a serious offence not carrying a maximum of life imprisonment, where the court is of the opinion that the offender poses a significant risk of serious harm to others. Known as IPPs.

All of these cases are dealt with by the Board in the same way and the test for release is the same.

What is the tariff?

The tariff is the term used to describe the period that must be served in prison in order to satisfy the requirements of retribution and deterrence.  Life sentence prisoners become eligible for release when they have completed this period in custody, but not before.

When is my case referred to the Board?

The Secretary of State normally first refers a lifer's case to the Board approximately three years before tariff expiry; again shortly before tariff expiry; and subsequently at intervals of no more than two years.  Where the sentencing court has imposed a short tariff, this will usually preclude the possibility of a pre-tariff review. The earliest date will be at the half-way point of your sentence.

How do I apply to the Parole Board?

You do not have to apply About six months before the Parole Board is due to consider your case, the prison will start to write reports on you.

The prison will then put the reports into a file known as the dossier which will cover your time in prison and your plans for release. When this dossier is ready you will get a chance to read it and add anything you want to it in writing. You may want to get a solicitor to help you with this.

When your dossier is ready, a member of the Parole Board will read it and decide whether you should be released, or whether you should be asked to come to a hearing with your solicitor. This hearing is called an oral hearing. At an oral hearing, three members of the Parole Board (called a 'panel') will come to your location. You can also have your solicitor present at this hearing, and there might be other witnesses such as your Offender Manager and possibly your prison psychologist. The Parole Board is not part of the Prison Service and will make its own decision. The panel will be looking at how high they think the risk is that you might commit serious offences on licence.

What is in the dossier?

The Board reviews each case on the basis of a dossier prepared by and submitted to it by the Secretary of State.  The key elements of this dossier are:

• An outline of the offence(s) for which the life/indeterminate sentence was imposed
• A list of previous convictions
• Any pre-sentence medical reports
• Any pre- and/or post-sentence probation reports
• An outline of the sentence to date, including summaries of progress and any disciplinary problems
• Summaries of previous Board reviews, including its reasons at the last review
• Evidence from programmes or interventions aimed at addressing risk
• Current reports, including; reports from prison staff; a report from probation staff; a psychological assessment (where available); a psychiatric assessment (where appropriate)
• The prisoners representations (where made) and any independent reports he or she has commissioned
• A recommendation from the Secretary of State.

Is anything in the dossier kept secret?

In almost every case, you will see everything in the dossier before the Parole Board. It is your legal right to full disclosure. But, sometimes the Secretary of State will ask the Parole Board to decide that something may be kept from you This is only done very rarely, however, and most prisoners will see all the papers. Papers that can be kept from you might include a victims statement or a security report. If something is kept from you, your solicitor will normally be allowed to see it as long as they do not show it to you or discuss it with you.

The Parole Board for England and Wales

Grenadier House, 99-105 Horseferry Road, London, SW1P 2DX

Telephone 0845 251 2220