Prison sentences

You will need to get used to the different types of prison sentence regimes, which have an impact on the operation of the Mental Health Act and the effects of Tribunal decisions. This is particularly relevant to Sections 47, 48 and 49: transferred prisoners.

Indeterminate sentences, namely life sentences, Imprisonment for Public Protection (IPP) and Detention for Public Protection (DPP, the IPP equivalent for under 18s). These begin with a minimum term (sometimes still called the tariff) during which the prisoner cannot be released, followed by a period during which the prisoner may be released by the Parole Board if it is satisfied that detention is no longer necessary in order to protect the public from serious harm. IPP/DPP sentences can no longer be given but some prisoners are still subject to them.
Determinate sentences. With some exceptions, if a person is given a determinate prison sentence he only serves half of it in prison, and the second half on licence. The exceptions include offenders of particular concern (eligible for parole at half-way point, one-year licence extension), dangerous offenders subject to extended sentences (eligible for parole at the two-thirds point, and extended licence period), and terrorists (eligible for parole at the two-thirds point). A breach of licence may lead to recall to prison. Some prisoners are entitled to early release on a home detention curfew.
For the purposes of the Mental Health Act, determinate-sentence prisoners have a ‘release date’ on which any restrictions will cease, but indeterminate-sentence prisoners have no ‘release date’ so they will remain as restricted patients (even past their tariff) for as long as they are detained under the MHA.

Under the Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024 some prisoners will be released at the 40% point instead of the 50% point.

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