Tuckers overturns IPP sentence
July 7, 2017
Shelley Peynado-Clarke of Tuckers Prison Law team, along with Phililip Haworth of 33 Bedford Row Chambers, successfully appealed and overturned the indeterminate IPP (Imprisonment for Public Protection) sentence handed down to Zak Ouhidosse 11 years ago.
Mr Ouhidosse was convicted of two burglaries in 2005 and one attempted burglary imprisonment for public protection with a minimum term of 3 months and 22 days in respect of one count of attempted robbery. The tariff expired on 4 February 2007. However Mr Ouhidosse was only released from prison in 12 December 2011, having served over six years in prison. He served a further period of imprisonment in 2014 – 2015, having been found to have breached his licence conditions on release from prison.
Mr Ouhidosse instructed Tuckers to appeal against the lawfulness of his indeterminate sentence. The Court agreed with the submission that the ‘dangerousness’ aspect of handing down an IPP sentence had not being properly explored and applied in Mr Ouhidosse’s case. The Court therefore quashed the IPP sentence and handed down a determinate sentence of 3 years – all of which, including any period on licence, had been served.
The case demonstrates a welcome change in approach by the Courts, previously too willing to sentence people to indeterminate sentences, to now being prepared to strike down sentences handed down where the genuine need to impose an IPP had not been properly considered at sentencing.