Court of Appeal allows out of time appeal against IPP

The Court of Appeal has quashed a sentence of Imprisonment for Public Protection (“IPP”) imposed in 2010, having granted leave and a 14-year extension of time at an earlier hearing. The Court replaced the IPP with an extended sentence which resulted in the appellant’s immediate release. Hayley Douglas appeared for the appellant who was sentenced to the IPP for an offence of s.18 GBH committed when he was 21 years old. 

At the time when the appellant was sentenced, the relevant provisions of the Criminal Justice Act 2003 had been amended and upon a finding of dangerousness the sentencing court had the option to impose a determinate or extended sentence rather than an IPP. The Court accepted the argument that the sentencing judge had not given reasons for rejecting an extended sentence and had erred in imposing an IPP when an extended sentence would have provided appropriate public protection.