Written Question: "Two-Strike" sentences

Lord Moylan: To ask His Majesty's Government, further to the Written Answer by Lord Timpson on 29 July 2024 (HL68), when they intend to launch the review of the sentencing framework mentioned in the Answer, and what attention they will give to aligning the licence conditions for those subject to (1) 'two-strike' life sentences, and (2) imprisonment for public protection sentences.

Parliamentary Under Secretary of State, Ministry of Justice (Lord Timpson": The Government launched an Independent Review of Sentencing in October 2024, chaired by former Lord Chancellor David Gauke, to review the sentencing framework to ensure we are never again forced to rely on the emergency release of prisoners. The Review is considering options following three core principles: sentences must punish offenders and protect the public; sentences should encourage prisoners to turn their backs on a life of crime; and we must make greater use of punishment outside of prison. On 18 February 2025, the Review published Part 1 of its report, which sets out the history and trends in sentencing that contributed to the pressures on our prisons. The review has been asked to consider the framework around longer sentences, including life sentences.

However, the Imprisonment for Public Protection (IPP) sentence is not within the scope of the review. I look forward to seeing the Review’s recommendations when it reports in the Spring.

The mandatory life sentence for a second serious offence, also known as the ‘two-strikes’ life sentence, was introduced in 1997, and meant that judges had to impose a life sentence on anyone convicted of a second specified offence, unless there were exceptional circumstances. As with other types of life sentence, offenders under the two-strikes life sentence are given a minimum term, and then, if they are released by the Parole Board, they will be subject to licence conditions for the rest of their life.

The IPP sentence was an indeterminate sentence in use from 2005 to 2012. It was intended as a means of managing high-risk prisoners who did not meet the criteria for a life sentence. An IPP sentence was imposed where an offender was convicted of a serious specified violent or sexual offence, committed on or after the 4 April 2005, for which the penalty was 10 years or more and where, in the Court’s opinion, the offender posed a risk of harm to the public.

Unlike the IPP sentence, where the licence can be terminated either by the Parole Board at the end of the qualifying period, or after a further two years in the community on licence, the ‘two-strike’ sentence is a life sentence and has an indefinite licence period. There is no provision for a life sentence to be terminated and therefore, the IPP measures relating to licence termination are not applicable to ‘two-strike’ life sentence offenders.

As with all life sentenced prisoners, HM Prison and Probation Service supports those serving ‘two-strikes’ life sentences to reduce their risk to meet the Parole Board’s statutory release test when they become eligible for release. If released, they remain on life licence. The Government has no plans to change licence conditions for life sentences.