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CCRC launches new project to investigate IPP/DPP sentences imposed on young people 

Published:

The Criminal Cases Review Commission (CCRC) is re-examining historic applications to review DPPs or IPPs imposed on children and young adults.  

Sentences of Imprisonment for Public protection (IPP) are indeterminate sentences, intended for serious offenders who were considered “dangerous” to the public, but whose crimes did not merit a life sentence. Detention for Public Protection (DPP) sentences are also indeterminate, and were previously used for individuals under 18 years old. 

They were both abolished in 2012, but current IPP and DPP prisoners must still obtain Parole Board approval to be released. 

The CCRC has previously referred 12 cases to the appellate courts where IPPs were a factor. Eight have either had their sentence quashed, reduced or substituted.  

This project has been developed following two Court of Appeal decisions to quash IPP sentences. Leighton Williams [2024] and Darren Hilling [2024] were both young adults when they were sentenced. In both outcomes, the Court determined that the sentencing judge had failed to attach the necessary importance to the age and maturity of the offender before giving the sentence.  

The CCRC has launched a review of historic applications to ensure that any which may benefit from these decisions could be looked at again, and a specialist progress group, led by a commissioner, are working on current applications to determine whether any could be referred to the appellate courts as a result of these developments. 

IPP and DPP sentences were created by the Criminal Justice Act 2003, and were first used in 2005. Despite being abolished, there are a significant number of offenders who received an IPP sentence who are still in prison today. 

If an offender was sentenced under the IPP or DPP sentencing scheme, the CCRC cannot refer the sentence to the appeal court just because they have subsequently been abolished. This is because they were lawful sentences at the time they were used.  

Chair of the CCRC, Dame Vera Baird KC said: 

“This project is in its initial stages, but these Court of Appeal judgments provide an important opportunity to try and help other people, who were in similar circumstances at the time of their conviction and who received sentences of this kind.

“We are keen to continue working proactively and keep abreast of any new developments that can assist in our mission to investigate miscarriages of justice.” 

[ENDS] 

Notes to Editors:  

  1. The cases referenced in this release are as follows:  
    Williams [2024] EWCA Crim 6868 
    Hilling [2024] EWCA Crim 1729. 
  1. For further information about IPPs and the CCRC’s referrals, you can visit the Case Studies Hub. 
  1. The CCRC is an independent body set up under the Criminal Appeal Act 1995. It is responsible for independently reviewing suspected and alleged miscarriages of criminal justice in England, Wales and Northern Ireland. It is based in Birmingham and is funded by the Ministry of Justice.      
  1. There are currently ten Commissioners who bring to the CCRC considerable experience from a wide variety of backgrounds. Commissioners are appointed by the monarch on the recommendation of the Prime Minister in accordance with the Office for the Commissioner for Public Appointments’ Code of Practice.   
  1. The CCRC usually receives around 1,500 applications for reviews (convictions and/or sentences) each year. Since starting work in 1997, the CCRC has referred around 3% of applications to the appeal courts.      
  1. The CCRC considers whether, as a result of new information or a new argument on a point of law, there is a real possibility that the sentence would not be upheld were a reference to be made. New information or argument on a point of law is argument or information which has not been raised during the original sentence hearing or on appeal.  Applicants should usually have appealed first. A sentence can be referred in the absence of an earlier appeal only if there are “exceptional circumstances”.      
  1. If a case is referred, it is then for the appeal court to decide whether the sentence should be changed.        
  1. More details about the role and work of the Criminal Cases Review Commission can be found at www.ccrc.gov.uk. The CCRC can be found on X, Facebook, Instagram (@the_ccrc) and Linkedin.