Indeterminate sentences - the legal view

While the sentences passed in the Baby P case attracted swift condemnation from critics who worried the offenders could be freed at a very early stage, statistics show the new indeterminate sentences rarely lead to early release.Since indeterminate sentences were introduced in 2005, fewer than 50 prisoners have been released when they had served their minimum term.

The concept behind indeterminate sentences is to try to ensure offenders are not released until they are no longer deemed a serious risk to the public.

In this case, the judge told all three convicted that they represented a particular risk to children.


In the case of the stepfather, who was convicted of causing or allowing the death of Peter, as well as the rape of a two-year-old girl, he received a life sentence with a minimum of 20 years (he must serve 10 before being eligible for release) and a separate 12-year sentence to run alongside it.

The maximum possible sentence for the mother, known only as C, was 14 years. She was given a sentence of 10 years, partly reflecting the fact that she pleaded guilty, of which she will serve a minimum of five years before being considered for parole.

In the case of lodger Jason Owen, the maximum possible sentence was 14 years; he was sentenced to six years, of which he will serve at least three.

None of the three will be automatically released once their minimum term has been served. Instead, by passing an indeterminate sentence, the court has ruled that they will continue to be detained until the Parole Board is satisfied they no longer present a risk to the public.

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