A peer has warned Lords against being on the “wrong side of history” as he urged them to support the resentencing of prisoners being held on indeterminate sentences.
The Imprisonment for Public Protection (Resentencing) Bill would make the Government resentence prisoners held on Imprisonment for Public Protection (IPP) sentences.
IPP sentences were given to offenders convicted of serious violent or sexual offences where a judge believed they posed a significant threat to the public but did not merit a life sentence.
They were abolished in 2012 for new offenders but this did not apply retrospectively.
Labour peer Lord Tony Woodley told the House of Lords it was a miscarriage of justice and they should not wait for the “ITV docudrama” to portray them as “uncaring, cold-hearted time wasters who left damaged people… to rot away in prison”.
The Bill does not have Government support, with prisons minister Lord James Timpson telling peers resentencing would put the public at “an unacceptable risk of harm”.
Conservative Party spokesman Lord David Wolfson of Tredegar also said his party would not support it becoming law in its current state.
But the Bill passed through its second reading of the Lords on Friday.
It needs backing from the Government and MPs to become law at a third reading.
Saying it's all too difficult and we can improve things only a a risk-averse glacial pace is unacceptable, inhumane and uncivilised
The House of Lords heard that 2,964 people are serving IPP sentences.
These prisoners can only be released after serving their initial tariff in prison and satisfying the Parole Board that they no longer pose a threat to the public.
However there has been criticism over how long the process takes and the impact on prisoners’ mental health.
The Lords heard that 1,095 prisoners are on IPP sentences and have never been released from prison.
Two-thirds have served more than ten years beyond their initial sentence.
Almost 1,600 have been recalled to prison after initially serving on an IPP.
Around 269 have been released from prison but are still serving IPP sentences.
Lord Woodley said: “Many prisoners are still living this nightmare and it’s those people who I focus my Bill on, which quite simply seeks to convert these never-ended IPP torture sentences into regular, normal, determinate sentences with an end date, giving them hope.”
Either legislative approach would put the public at an unacceptable risk of harm, which the Government is not prepared to countenance
Crossbencher Lord Michael Hastings of Scarisbrick told peers about an ex-prisoner, Mike, he met last year who had been on an IPP sentence.
Mike was recalled to prison and served a further 10 months after forgetting to tell his probation officer he was going on holiday with his wife – 17 years after being released.
“What a waste of public money, what a scandalous destruction of a marriage opportunity.
Lord Hastings said: “What a pernicious persecution of an individual’s freedom, hard-earned, for a simple act many decades earlier.”
Tory peer Lord Edward Garnier, who held ministerial positions in the Ministry of Justice as an MP, said: “The English language is a rich one but even it runs short of adjectives to describe the disgusting state of affairs that is described by people being recalled to prison for an indefinite period for minor breaches of their licences.”
He urged the Government to support the Bill, adding: “Saying it’s all too difficult and we can improve things only at a risk-averse glacial pace is unacceptable, inhumane and uncivilised.”
However Lord Wolfson said the current Bill would not have Conservative support as it would mean the automatic release of dangerous prisoners.
He said: “Those still in prison and who have never been released on licence were sentenced over 12 years ago.
“During that time, they will have been prepared for and attended several Parole Board hearings and the parole board, which is independent and expert, will have concluded on all the material before them that it was not safe to release them.”
Lord Timpson said: “Legislating to give every IPP prisoner a definite release date and post-release licence, or legislating to provide for a resentencing by court, would result in them being released automatically.
“This would be the case even where the Parole Board had previously determined, and in many cases repeatedly, that they continue to be too dangerous to be released and they have failed to meet the statutory release test.
“Either legislative approach would put the public at an unacceptable risk of harm, which the Government is not prepared to countenance.”
He added: “With continued support, all IPP prisoners for whom it is safe and appropriate can and will be released.”
