We represented our client who was sentenced to a term of Imprisonment for Public Protection (IPP) in 2011 following his guilty plea to arson being reckless as to whether life was endangered, under the Criminal Damage Act 1971.
He was 22 years old at the time and had been on remand in relation to an allegation of burglary. He set fire to his cell in a Young Offender’s Institute in an attempt to commit suicide. He had a long history of self-harm. Although the Court fixed a minimum term of two years imprisonment, he was never released on parole.
Grounds for appeal
We applied for permission to appeal the sentence 13 years out of time, on the basis that the client should have been sentenced under the Mental Health Act rather than receiving an IPP.
Court of Appeal decision
The Court agreed with our submissions and substituted the IPP with a s.37/41 Hospital Order disposal.
Our client was represented by Julie Ann Boyle who instructed Paramjit Ahluwalia from One Pump Court.
FAQs
- Why would you get an IPP sentence?
The indeterminate sentence of IPP was introduced in England and Wales in 2005. It was intended for people considered 'dangerous' but whose offence did not merit a life sentence.
- Can you appeal an IPP sentence years later?
Yes. Individuals can apply for retrospective permission to appeal a legacy IPP sentence, even after many years, especially when new evidence or legal arguments emerge. - How does a Court of Appeal substitute an IPP sentence?
The Court of Appeal may quash an IPP if it finds that it was unlawful or inappropriate at the time of sentencing. It can then substitute a different lawful sentence, such as a determinate sentence, an extended sentence, or a Hospital Order, depending on the individual circumstances of the case. - What is section 37/41 of the Mental Health Act?
Under section 37, a court can direct someone to hospital instead of prison if two doctors agree the person has a treatable mental disorder. Section 41 adds a restriction for public protection, meaning discharge requires approval from the Secretary of State or a tribunal.
