Types of Life Sentences

Life Sentences for Adults

A sentence for adult offenders convicted of murder must be a life sentence: there is no way around this. A judge can also impose a life sentence for other serious offences. These include serious sexual assaults, manslaughter, arson and attempted murder. If a prisoner is convicted of these kinds of offences, the judge does not have to impose a life sentence but has a discretion to do so. In order to impose a discretionary life sentence, certain conditions have to be met. These are:

i) the maximum sentence for the offence has to be life imprisonment
ii) the offender is dangerous or deemed to be a significant risk as set out by statute law (Criminal Justice Act 2003 section 225)

It used to be the case that some prisoners got ‘automatic life sentences’. These were imposed on individuals aged 18 or over who were convicted of their second ‘serious’ offence – and who posed a threat to the public. After the CJA 2003 came into force, this was replaced by Imprisonment for Public Protection or IPP.

Offenders who are between 10-17 years old

If convicted of murder, a young offender will be detained at ‘Her Majesty’s Pleasure.’

Offenders under 18 years old who are convicted of a Serious Offence

If the offence carries a maximum penalty of ‘detention for life’ and the offender is ‘dangerous’ in accordance with the provisions set out in s.226 of the Criminal Justice Act 2003 will be sentenced to ‘detention for life.’

Offenders aged between 18 to 20 years old

If an offender is aged 18-20 years old on the date of conviction for murder, they will receive ‘custody for life.’ Offenders sentenced for other offences may also get custody for life, but only if they are ‘dangerous’ in accordance with s.225 Criminal Justice Act 2003

Lifers are on licence for the rest of their lives. This means that they are liable to be recalled to prison at any time after release.

Imprisonment for Public Protection

Until the Criminal Justice Act 2003, some prisoners received mandatory Imprisonment for Public Protection or IPP, if they met certain criteria. These were:

i) the offence was a ‘specified offence’ under Schedule 15 of the Criminal Justice Act 2003. For a full list, click here.
ii) the court considered that there was a real likelihood that further serious offences would be committed and cause a threat to the public.
If these conditions were met, an IPP would be imposed unless the court decided that IPP was not reasonable having regard to all the circumstances.

Nowadays, the court is only allowed to impose IPP if:

i) The seriousness of the offence committed should warrant at least a custodial sentence of four years
ii) The offence must also be serious enough for an IPP to be imposed
iii) The offence must be a specified offence that carries at least ten years imprisonment
iv) There must be a significant risk that further ‘specified offences’
would be committed and cause a risk to the public
v) The offender does not meet the requirements for a discretionary life sentence