In the UK, Parliament has established a life sentence as the maximum penalty for many offences, allowing trial judges the discretion to impose it in appropriate cases.

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All life sentences (except Whole Life Orders) have three parts. A judge decides the minimum term (number of years) a person must serve in prison, which is based on the seriousness of their offence. Once the minimum term has expired they must be detained indefinitely in prison until the Parole Board decides they can be released. Once released, they are then on licence, supervised by the Probation Service, for the rest of their life, and may be recalled indefinitely to prison if they breach their licence conditions.

 

Various types of life sentences exist, and although some have been abolished, these changes have not been applied retroactively. Below are the most common types of life sentences in England and Wales.

 

Mandatory Life Sentence - The mandatory life sentence for murder has been in place since the abolition of the death penalty. It includes a set minimum tariff that must be served before becoming eligible for parole. If released, the individual will be on a life licence.

 

Automatic Life Sentence (Two Strike Life) - The now abolished automatic life sentence was introduced in section 2 of the Crime (Sentences) Act 1997 for anyone convicted of a second serious offence unless exceptional circumstances permitted the court to decide otherwise.

 

Discretionary Life - The discretionary life sentence for ‘dangerous offenders’ are given if a person commits a very serious offence, these include serious violent, sexual and terror offences. (Certain other legal provisions also apply, including offence seriousness, dangerousness of the perpetrator, and pattern of previous offending).

 

IPP Sentence - The now abolished Imprisonment for Public Protection (IPP) sentences were indeterminate and accompanied by a 99-year licence, intended for ‘serious offenders’ who posed a significant risk of serious harm to the public.

 

DPP Sentence - Detention for Public Protection was the IPP for individuals under the age of 18.

 

(After the introduction of IPP and DPP, discretionary life sentences seemed to be becoming obsolete. However, with the abolition of IPP, the use of discretionary life sentences seems to be increasing once again).

 

His Majesty’s Pleasure - Detention during His Majesty’s Pleasure is a mandatory life sentence imposed on individuals who commit murder when under the age of 18. HMP detainees whose tariffs have not expired, are exceptionally entitled to periodic reviews of progress in custody with the possibility of reduction in tariff. Some detainees become eligible for a review once they have reached the halfway point of their current tariffs.

 

Detention for Life - Detention for life is the maximum sentence for a person aged 10 or over but under 18, who is convicted of offences for which a discretionary life sentence may be passed on a person over the age of 21.

 

Custody for Life - Custody for life is imposed on offenders under the age of 21 but 18 or over when they are convicted of murder. Custody for life may also be imposed as a discretionary sentence.

 

The Automatic Life Sentence (for a second ‘listed’ offence) – The revised automatic life sentence was brought into effect for offences committed after 3 December 2012. This represents a new ‘two strikes’ policy, an automatic life sentence for anyone convicted of a second ‘listed’ offence involving serious sexual or violent crime (certain other legal provisions also apply, including offence seriousness, dangerousness of the perpetrator, and pattern of previous offending).

 

Whole Life Order - A whole life order means a prisoner will never be released from prison. No Parole Board review date is set, meaning the prisoner will not have the opportunity for release except in exceptional compassionate circumstances.