Does Life Mean Life? Life Sentences in England and Wales

Life sentencing in England and Wales is notoriously complex.

Different categories of life sentence exist, Parliament has repeatedly amended the law, and the terminology can be confusing.

This guide sets out the main types of life sentence, explains the key concepts behind them, and answers the question people most often ask: does life ever actually mean life?

The life‑sentence categories covered are:

• Whole life orders
• Mandatory life sentences
• Discretionary life sentences
• Imprisonment for Public Protection (IPP)
• Custody for life
• Detention at Her Majesty’s pleasure
• Detention for life

Before exploring each sentence, a few core terms need to be understood.

Key Terms

Minimum term/tariff

The minimum period a prisoner must serve before they can be considered for release.

Indeterminate sentence

A sentence with no automatic right to release. The judge sets a minimum term, but release afterwards depends entirely on risk. A prisoner may remain in custody long after the minimum term expires.

Determinate sentence

A fixed‑length sentence. The offender knows the maximum length from the outset.

Lifer

A person serving an indeterminate sentence other than an IPP sentence.

Parole Board

The tribunal that decides whether an indeterminate‑sentence prisoner can be safely released once the minimum term has expired.

Licence

The period of supervision in the community after release. Life‑sentence prisoners remain on licence for life and can be recalled at any time.

Recall

Returning a released prisoner to custody for breaching licence conditions or posing risk.

Does Life Ever Mean Life?

Yes, in some cases. A whole life order means the prisoner will never be released. Other life‑sentence prisoners may be released, but only if the Parole Board is satisfied that continued detention is no longer necessary for public protection.

Types of Life Sentence

1. Whole Life Orders (Whole Life Tariffs)

A whole life order is the most severe sentence available. It means the offender will spend the rest of their life in prison with no minimum term and no eligibility for parole.

Judges impose whole life orders only where retribution and deterrence require lifelong imprisonment. Around 40 prisoners currently serve whole life orders.

Whole life orders can be appealed. For example, David Bieber’s whole life tariff was later replaced with a 37‑year minimum term.

2. Mandatory Life Sentences

Mandatory life sentences apply only to murder and only to offenders aged 21 or over. The judge has no discretion to impose any other sentence.

Mandatory life sentences are indeterminate. The judge sets a minimum term using the starting points in Sch. 21 of the Criminal Justice Act 2003 (CJA 2003).

After the minimum term expires:

• The Parole Board decides whether continued detention is necessary for public protection.
• If released, the offender remains on life licence forever.
• They can be recalled at any time.

3. Discretionary Life Sentences

Some offences carry life imprisonment as the maximum penalty, for example, rape. Judges may impose a discretionary life sentence where:

• the offender is 18 or over,
• the offence carries a life maximum, and
• the court finds a significant risk of serious harm (CJA 2003, s.225).

Discretionary life sentences are indeterminate. The judge sets a minimum term, and release afterwards depends on the Parole Board.

4. Imprisonment for Public Protection (IPP)

IPP sentences were introduced in 2005 and abolished in 2012, but over 6,500 prisoners still serve them because abolition was not retrospective.

IPP sentences are indeterminate:

• The judge sets a minimum term.
• Prisoners have no automatic right to release.
• Release depends on Parole Board assessment of risk.
• If released, they remain on licence for at least 10 years.
• Unlike lifers, IPP prisoners may apply to have their licence discharged after 10 years.

5. Custody for Life

Custody for life is the automatic sentence for offenders aged 18–21 convicted of murder per s.93 of the Power of Criminal Courts (Sentencing) Act 2000 (PCCSA 2000).

It is also available as a discretionary life sentence for other offences where the offender meets the dangerousness criteria in s.225 CJA 2003.

Custody for life is indeterminate and follows the same minimum‑term and parole process as other life sentences.

6. Detention at Her Majesty’s Pleasure

This sentence applies to offenders aged 10–18 convicted of murder under s.90 of the PCCSA 2000.

It is an indeterminate sentence. The judge sets a minimum term, and release depends on the Parole Board.

7. Detention for Life

Detention for life applies to offenders aged 10–18 convicted of offences carrying a life maximum and who meet the dangerousness criteria in s.226 CJA 2003.

It is an indeterminate sentence with no automatic right to release.

When Does Life Mean Life?

Only whole life orders guarantee lifelong imprisonment. These are reserved for exceptionally serious cases, as confirmed in R v Oakes and Others [2012] EWCA Crim 2435.

Examples include:

• Ian Brady (Moors murders)
• Other offenders whose crimes are judged so serious that lifelong imprisonment is the only just penalty

Most life‑sentence prisoners, whether mandatory, discretionary, IPP, custody for life, detention at Her Majesty’s pleasure, or detention for life, may be released, but only if the Parole Board is satisfied that they no longer pose a risk.