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Experts in mental health, human rights, and criminal justice have come together to urge parliament to put an end to the “never-ending nightmare” of being held indefinitely in jail, after The Independent uncovered multiple alarming cases.
Thousands of prisoners have been left languishing in jail for years longer than their minimum tariff, and with no hope of release, under imprisonment for public protection (IPP) sentences – which were scrapped more than a decade ago amid human rights concerns.
They include tragic cases highlighted by The Independent such as those of Wayne Bell, who has served more than 16 years for stealing a bike; Thomas White, who is still in prison 11 years after he stole a mobile phone; and Shaun Lloyd, who fears he could be hauled back to jail for the fourth time for stealing a phone almost 20 years ago.
A group of 11 prominent individuals, headed by the Prison Reform Trust, have joined forces in preparation for an important discussion in the House of Lords this week. During this debate, members will examine various proposed changes to the Victims and Prisoners Bill, including a suggestion to resentence all prisoners serving Imprisonment for Public Protection (IPP) sentences.
Numerous organizations, such as the Royal College of Psychiatrists, the British Psychological Society, Amnesty International, Justice, Liberty, the United Group for Reform of IPP, the Probation Institute, the Centre for Crime and Justice Studies, Inquest, the Howard League for Penal Reform, and the Prison Reform Trust, have united in support of the call for action.
A group of peers from different political parties, which includes David Blunkett who now regrets implementing the sentence as home secretary in 2005, have proposed 17 changes to assist individuals impacted by IPPs. These amendments will be discussed on Monday.
A bipartisan group of members of the House of Lords, led by David Blunkett, have submitted 17 revisions to aid IPP inmates.
In 2012, the use of IPP sentences was abolished, but this change did not apply to cases that had already been sentenced. As a result, nearly 3,000 prisoners were stuck in jail without a set date for their release, with over 700 of them having served at least 10 years beyond their minimum sentence.
Over 80 incarcerated individuals under the IPP system have committed suicide, including the seven cases that were reported by The Independent last year.
According to Dr. Josanne Holloway, who leads the forensic department at the Royal College of Psychiatrists, the proposed legislation presents an opportunity to make significant strides towards addressing a major injustice within our criminal justice system.
She stated that serving an IPP sentence can severely harm a person’s mental well-being. These individuals have completed a longer sentence than the typical punishment for their crime, often due to ongoing mental health issues. They also face the constant uncertainty of not knowing when their sentence will end, which is made worse by the injustice of their sentence.
The British Psychological Society supports the reforms, stating that the current sentence leaves individuals in a state of constant anxiety and despair.
The proposed changes include a clause for conducting a resentencing review, which was the primary suggestion of an investigation conducted by the justice committee in 2022.
The government has thus far declined to reconsider sentences for prisoners, despite a concerning increase in self-inflicted deaths within prisons as inmates become discouraged. Instead, Justice Secretary Alex Chalk suggested reducing the IPP license period from 10 years to three years, as proposed in plans announced last year.
Although the license review is considered a positive action, it does not fully address the issue of “cruel, inhuman, and degrading punishment,” according to activists. Tom Southerden, Amnesty UK’s director of the legal program, stated that IPP sentences are a blemish on the justice system and were deemed to violate basic human rights by the European Court in 2012.
Shaun Lloyd has been summoned for a third time under an Indeterminate Public Protection (IPP) sentence after being convicted of stealing a phone in 2005.
The individuals currently trapped in this system are facing a terrible ordeal. It is evident that a complete overhaul of the justice system’s treatment of these individuals is long overdue. Although the government’s suggestions in the Victims and Prisoners Bill are a positive move, they do not address the issue adequately.
Tyrone Steele, Justice’s deputy legal director, expressed that the sentences are unacceptable and called on peers to assist in putting an end to this disgraceful period in our legal history.
During the New Labour government in 2005, a set of contentious sentences were implemented but were later removed after seven years. These sentences imposed a minimum prison sentence without any set maximum term.
Once they have served their minimum sentence, IPP prisoners must submit an application to the Parole Board and meet strict requirements in order to be granted release. This includes being free from any mental health issues and demonstrating that they are not a danger to society.
Peers have also proposed additional changes, such as enhancing the advancement of sentences for IPP prisoners and granting the executive the ability to release recalled IPP prisoners.
They are also suggesting to relax the strict terms of the license, which currently result in individuals being repeatedly sent back to prison for minor offenses. This was the situation for Mr. Lloyd, who has been sent back to prison three times for possessing a phone when he was 18 years old.
In support of the push for change, Inquest reported that they have assisted 28 families of inmates who passed away while serving an Indeterminate Sentence for Public Protection (IPP). This includes Tommy Nicol, who took his own life in 2015 after serving two years beyond his minimum sentence for stealing a car. His sister, Donna Mooney, is an advocate for reform through the United Group for Reform of IPP (UNGRIPP).
The UNGRIPP spokesperson expressed concern about the severe harm caused by the IPP sentence on both individuals serving it and their loved ones. This mistreatment has been ongoing for over 18 years and must be put to an end. Although some of the proposed changes may not be sufficient, they are a move towards ending the unfairness of the IPP sentence.
Alex Chalk, the secretary of justice, has suggested shortening the time that IPP prisoners must serve before being released on licence. However, he has declined a recommendation to reconsider their sentences.
Pia Sinha, the CEO of the Prison Reform Trust, recognized that Mr Chalk has made more progress than previous leaders in assisting IPP prisoners. However, she urged for more significant reform to address the injustice faced by thousands of these prisoners and their families. She stated to The Independent that more radical measures are necessary.
“A prominent bipartisan group of members of the House of Lords has proposed a set of changes to the Victims and Prisoners Bill to advance reforms in various significant aspects. Supported by various organizations from the mental health, human rights, and criminal justice fields, we urge the peers to consider endorsing these amendments and aid in ending a distressing period in British legal history.”
According to a spokesperson from the Ministry of Justice, the number of IPP prisoners awaiting release has decreased by 75% since the sentence was eliminated in 2012. In the past year, there has been a 12% decrease in this number as determined by the Parole Board’s assessment of prisoner safety.
We have also made strong efforts to reduce the amount of time people hold licenses and are working to assist those who are still in custody to move towards being released. This includes increasing access to rehabilitation programs and mental health assistance.
Source: independent.co.uk
