Policy background Custodial Sentences Imprisonment for public protection etc: duty to refer person released on licence to Parole Board
Following release from prison, offenders serving Imprisonment for Public Protection ("IPP") (and youth and armed forces equivalents) will remain on licence in the community for the rest of their lives or until their licence is terminated.
	IPP offenders are entitled to make an application to the Parole Board to have their licence terminated once 10 years has elapsed from their first release from prison.
	The Parole Board will only direct that the licence should cease to have effect if it is ‘satisfied that it is no longer necessary for the protection of the public that the licence should remain in force’. If the Parole Board determines that the licence is no longer necessary, the individual will no longer be subject to the terms of the licence or any supervision under it and cannot be recalled to prison.
	Typically, the Secretary of State applies to the Parole Board for licence termination on the behalf of eligible offenders; though, as the legislation is framed as a right conferred on the prisoner to make an application, the Secretary of State must first obtain permission from the offender prior to making the application.
	Section 138 will instead require the Secretary of State to make a referral to the Parole Board for licence termination (instead of the offender) and therefore removes the need for the Secretary of State to seek prior permission from the offender before doing so. This will better enable (and require) the Secretary of State to make referrals on behalf of offenders where their permission may be difficult to obtain; for example, where the offender’s supervision has been suspended and the individual is no longer required to maintain contact with a probation office.
	This section also clarifies that time spent in custody following recall does not affect the calculation of the qualifying period and neither does the fact that the offender is in custody following recall. If this is the case, the Parole Board must instead determine if it is necessary for the protection of the public that, when released, the offender remains under the IPP licence.
	Section 138 also requires that where the referral for licence termination is rejected by the Parole Board, the Secretary of State must then automatically re-refer them every 12 months for consideration.