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The initial IPP inmate to have his request for parole reviewed in a public setting has disclosed the daily struggle of enduring a sentence without a definitive release date.
The practice of issuing controversial imprisonment for public protection (IPP) sentences was ended in 2012 due to concerns about human rights. However, this change was not applied retrospectively, resulting in thousands of individuals remaining in jail for years after their minimum sentence had passed.
One of the individuals is Nicholas Bidar, who is currently 36 years old. In 2008, at the age of 20, he was sentenced to an indefinite prison term with a minimum of eight years for multiple robberies and using a firearm to resist arrest.
After more than 15 years, he remains confined in a Category A maximum-security prison with no set release date.
In order to bring attention to his situation, he has successfully requested to be the initial IPP inmate to hold a public parole hearing following the implementation of new laws intended to promote transparency in parole determinations.
In advance of the significant court session this month, Mr Bidar explained to the news source The Independent how his unknown punishment has affected him, stating: “Each day is like enduring torture. I battle every day to make it through.”
This includes a call to carry out a resentencing exercise for almost 3000 IPP prisoners, 800 of which have served more than ten years longer than their minimum tariff.
Up until now, over 80 IPP prisoners have committed suicide due to concerns about the seemingly impossible sentence – including seven whose self-inflicted deaths were reported by The Independent last year.
“I understand that my actions were severe, including additional assaults while in prison and a period of escape from custody,” stated Mr. Bidar through his lawyer while incarcerated at HMP Long Lartin in Worcestershire. He acknowledged, “I made mistakes.”
However, he maintains that he has fulfilled his sentence plan and is prepared for release. He also mentions that in 2021, a parole board had recommended his transfer to open conditions.
Even though the parole board ruled to transfer the prisoner, the secretary of state for justice intervened and denied the reclassification of the inmate from a Category A high risk to a lower risk level.
He maintains that this has resulted in him being labeled as a “political prisoner” until the justice secretary Alex Chalk concurs that he should move forward.
“I am currently in a dangerous environment with individuals who exhibit malicious behaviors. There is frequent occurrence of serious violence, sometimes over trivial matters. It is a hostile and perilous setting. However, I have not engaged in any violent acts for several years,” he informed The Independent.
I am worn out by this statement. I feel like life is passing me by. I made a mistake. I have dedicated a lot of time to taking courses and those who evaluate me have consistently stated that I have fulfilled my sentence plan.
“I am seeking an opportunity. Being granted a life license is a significant responsibility that I do not take lightly. I have no intention of going back to jail and am eager to spend time with my loved ones.”
Legal advocate Dean Kingham, who specializes in prison and public law at Reece Thomas Watson, is currently working with a number of incarcerated individuals facing challenges due to the discontinued Imprisonment for Public Protection (IPP) penalty.
According to a statement given to The Independent, he stated, “The sentence plan has been fulfilled. It is only fair that he is transferred to open conditions. Two psychologists have suggested his immediate release, which indicates the extent of his improvement.”
“I have been representing Nick for several years. Recently, I have observed a notable change in his demeanor over the past six to twelve months. He has become increasingly despondent.”
The government has not yet agreed to reconsider the sentences of IPP prisoners, despite a significant increase in self-inflicted deaths in prisons as inmates become hopeless. In a recent proposal by justice secretary Alex Chalk, the IPP licence period would be reduced from 10 to three years.
Instead, Mr. Kingham stated that the only solution to resolving the “blemish” of the flawed sentence is through resentencing. The British Psychological Society has noted that the sentence causes individuals to experience lasting anxiety and despondency.
“There are continuous psychological consequences due to this, and some of the individuals involved also struggle with mental health problems. The situation is only deteriorating,” he remarked. Despite undeniable evidence, there seems to be a lack of determination from political leaders to release prisoners, fearing they may commit another offense.
Encouraging Mr. Chalk to reconsider the resentencing decision, he stated: “During an election year, have the courage to prioritize what is right instead of your political career. He is aware that this sentence is flawed and unjust.”
A representative from the Ministry of Justice stated that the number of IPP prisoners who have not been released has decreased by 75% since the sentence was eliminated in 2012.
We have implemented strong measures to reduce the duration of licenses, and we are committed to assisting those still in custody make progress towards release by enhancing their access to rehabilitation programs and mental health assistance.
In the beginning of the month, 11 influential parties urged for changes in the IPP system. These parties include 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.
On Monday (13 March), the House of Lords will continue discussing a series of revisions proposed by a group of peers from different parties, with the goal of aiding IPP prisoners. One of these peers, David Blunkett, who served as home secretary in 2005, has expressed regret for introducing the sentence.
On March 18th, Mr. Bidar will attend a two-day parole hearing.
Source: independent.co.uk