Life in crime | LASPO changes to indeterminate and extended sentences

The sentencing landscape looks different after 3 December 2012 ?with the changes made by LASPO and the abolition of imprisonment for public protection (IPP), the introduction ?of the mandatory life sentence (MLS) as well as the new extended determinate sentence (EDS). What does this actually mean for practitioners?

The new MLS has been introduced for offenders who are convicted and sentenced for a second particularly serious sexual or violent offence, where a sentence of ten or more years’ imprisonment was imposed for the first offence, and the second offence merits a sentence of ten or more years’ imprisonment except where there are particular circumstances that would make it unjust to impose a life sentence. The new schedule 15B sets out those qualifying offences which will trigger the provisions. This exception mirrors mandatory sentence legislation for burglary and drug-trafficking. The design of this new form of sentence is clearly intended to set the threshold higher for an indeterminate sentence than the bar set by IPP and deal with some of the problems created by IPP in recent years.

Section 124 of LASPO brings in a new extended determinate sentence (EDS) for both adults and juveniles.

For adults, it can only be imposed where the offender has been convicted of a specified offence and the court considers the offender is dangerous. There is a minimum threshold of four years custody unless the offender has previously been convicted of a schedule 15B offence. ?The only route for juveniles is via the four-year term.

The integral mechanism of the sentence is unchanged. The maximum extension periods remain the same and may be for up to five years for a violent offence, ?eight years for a sexual offence. The test for dangerousness is also unchanged so ?R v Lang et al remain good law.

However, the time that an offender will serve in prison and the time on licence is affected leaving two licence regimes for offenders sentenced to the EDS; the default regime and an enhanced regime for more serious offenders. An offender will qualify for the enhanced regime either because the custodial term for the current offence is set at ten years or longer (after guilty plea discount is applied) or his current offence is one of the particularly serious offences set out in new Schedule 15B to the Criminal Justice Act 2003.

Under the default regime, the offender will be automatically released on licence at the two thirds point of the custodial term, and continue (unless recalled) to remain ?on licence until both the custodial term ?and the subsequent extended licence ?have expired.

Under the enhanced regime, the offender will only be eligible for release on licence at the two thirds point of the custodial term, but will not receive automatic release until the end of the custodial term. When released, the offender will continue (unless recalled) to remain on licence until both the custodial term and the subsequent extended licence have expired.

Life for serious offences, committed by dangerous offenders still remains in force. RIP IPP. You will not be missed.