A controversial form of sentencing which has left thousands behind bars for more than a decade for crimes which would normally carry a much lower tariff is "irredeemably flawed", a report says today. The Justice Committee has called on the Government to re-sentence all prisoners subject to IPP sentences.
In a report published today, the Committee finds that the current regime for managing IPP prisoners is inadequate in supporting their specific needs and calls for swift improvement in the quality of support they are given.
Indeterminate Imprisonment for Public Protection (IPP) sentences were introduced to prevent serious offenders being released when still a danger to the public by the then Home Secretary David Blunkett, in 2005. Despite being scrapped in 2012, nearly 3,000 people remain in prison having been given an IPP sentence. In some cases, individuals have been imprisoned a decade beyond the tariff for their original sentence which could be as low as two years or less.
IPPs were abolished on the back of a European Court ruling that they breached human rights - on the grounds that prisons had failed to provide inmates access to the rehabilitation courses required to demonstrate to the Parole Board that they were safe to be released.
But the abolition wasn't retrospective, so today, even though more and more are being released, there remain 2,926 still locked up on IPP sentences.
Under the IPP sentencing system, release is based on successful rehabilitation and prisoners no longer being deemed a risk to the general public. However, the Committee has found that inadequate provision of support services inside and outside of prison has led to a ‘recall merry-go-round’, with almost half of prisoners currently serving an IPP sentence having been released previously.
The Committee finds that IPP sentences cause acute harm to those subject to them, with the prospect of serving a sentence without an end date causing higher levels of self-harm as well as a lack of trust in the system that is meant to rehabilitate them
The report calls for all prisoners currently serving IPP sentences to be re-sentenced, with an independent panel appointed to advise on the practical implementation of what is likely to be a complex task. It further calls for the current time period after which prisoners can be considered for the termination of their licence following release to be halved, from ten years to five.
Chair of the Justice Committee, Sir Bob Neill said: “IPP sentences were abolished a decade ago but little has been done to deal with the long-term consequences on those subject to them. They are currently being failed in a prison system that has left them behind, with inadequate support for the specific challenges caused by the very way they have been convicted and sentenced.
"Successive Secretaries of State have accepted that change needs to happen but little has been done. The decision must be made once and for all to end the legacy of IPP sentences and come up with a solution that is proportionate to offenders while protecting the public.
We appreciate that establishing a resentencing exercise will be administratively complex. That is why we have called for time-limited small expert committee to advise on the practical implementation of the resentencing exercise in conjunction with the senior judiciary.
“There must also be adequate support systems put in place to ensure prisoners are prepared for their release and given the right support to reintegrate into the community. We do not underestimate the complexity of this undertaking, but after a decade of inertia the status quo cannot be allowed to continue.”
IPP sentences were introduced for serious offenders who were deemed to pose an ongoing risk to public safety but did not merit a life sentence. In practice, anyone convicted of any one of 96 serious violent or sexual offences who had also a previous conviction from one of a list of 153 specified offences was liable to an IPP sentence meaning that they could be imprisoned indefinitely beyond their minimum jail tariff.
Of the 2,926 people imprisoned under IPP sentences, they 1,434 that were recalled to custody having been released. A total of 608 have been in jail for over decade beyond their original tariff, including 188 who were originally imprisoned for two years or less.
The report found that IPP prisoners are subject to acute challenges. The psychological impact of an indefinite sentence leads to feelings of hopelessness and despair, resulting in higher levels of self-harm and suicide in the IPP population.
There report says resource issues in the Probation Service and the Parole Board are leading to frequent delays, high staff turnover and inadequate training for board members. There can also be a lack of clarity and uncertainty around next steps following a negative parole decision. The Committee calls on the Parole Board to ensure that people serving IPP sentences are prioritised and only fully trained and experienced board members involved in their cases.
.The Committee finds that IPP sentences are "irredeemably flawed." It calls on the Government to bring in new legislation that deals retrospectively with the continued operation of the sentence and initiates a resentencing exercise for all individuals currently subject to them, both in prison and released on licence.
A Ministry of Justice spokesperson said: “The number of IPP prisoners has fallen by two-thirds since 2012 and we are continuing to help those still in custody to progress towards release.
"While these sentences were handed down by judges who decided offenders posed a significant risk to the public, under the PCSC Act we have committed to review licence conditions after 10 years.
“We will carefully consider the report’s recommendations and respond in due course.”
