Prime minister vows to address indefinite jail terms amid prison crisis
The prime minister has vowed to resolve the “long-running injustice” of indefinite jail terms as part of measures to ease prison overcrowding and stop PC Andrew Harper’s killers from being freed early, reports BritPanorama.
Andy Burnham stated he is “increasingly confident” that he can find a way to free up prison cells, which will allow him to curb the early release of some offenders, including the police officer’s killers.
Options under consideration include the release of “lower risk” prisoners serving Imprisonment for Public Protection (IPP) terms, he noted on Tuesday. These comments have generated renewed optimism for those trapped by open-ended sentences, outlawed in 2012.
The Independent has campaigned for the unjust jail terms, which have left thousands without hope of release, to be reviewed. In a statement issued on Facebook, Burnham requested justice secretary Alex Norris to expedite a plan to create more space within the prison estate.
The proposed plan encompasses several options, including increasing the rate of removal of foreign national offenders and seeking early resolutions to the IPP sentences, allowing for the potential release of lower-risk prisoners. Additionally, it may involve utilizing the entire prison estate more effectively, including housing male offenders within female facilities.
Burnham conveyed his increasing confidence that a more focused approach will curb the number of individuals released early, especially concerning serious offenders like those convicted of PC Harper’s killing.
This development occurs amid legal actions against the government regarding these sentences, following a United Nations report that determined Britain unlawfully detains some over-tariff IPP prisoners.
The UN Working Group on Arbitrary Detention has called for immediate action relating to five men sentenced under these terms, highlighting that their extended imprisonment constitutes arbitrary detention under international human rights law, which entitles them to compensation.
Furthermore, the UN special rapporteur on torture has accused the government of perpetuating human rights abuses, suggesting that the jail terms may amount to psychological torture.
Lawyers recently sent a letter before action to the justice secretary, preparing to file a rare habeas corpus legal challenge with the High Court, compelling the government to justify the prisoners’ ongoing incarceration.
Human rights lawyer Karen Todner remarked that the UN’s findings have rendered the IPP jail term “indefensible”, stating that receiving such condemnation of the UK justice system is “hugely significant and very damning for the UK government.”
Although IPP sentences were abolished in 2012, the change was not retroactive, resulting in thousands remaining incarcerated beyond their tariff, often for minor crimes. Once released, many are ensnared in a cycle of indefinite recall for minor breaches of strict licence conditions.
The architect of these sentences, Lord David Blunkett, has since expressed regret over their implementation during Tony Blair’s Labour government, calling it his “biggest regret.”
A 2022 cross-party justice committee inquiry deemed the sentences “irredeemably flawed” and advocated for resentencing all IPP prisoners. Despite the tragic fact that 96 individuals have taken their own lives after losing hope of release, successive administrations have refused to act.
Four of the five cases highlighted by the UN are still in custody, including Leroy Douglas, who has served almost 20 years for robbing a mobile phone, and Abdullahi Suleman, in prison for 20 years for a laptop robbery. Wayne Williams and Shaun Lloyd also remain incarcerated for serious offenses.
Tragically, Joshua Mcrae died in prison aged 34, having served over 16 years for a four-year tariff for grievous bodily harm. They are among nearly 2,300 individuals still detained under these controversial terms.
This week, Dame Vera Baird, chair of the Criminal Cases Review Commission, joined calls for the government to address the ongoing issue comprehensively. Recent judicial actions have quashed several indefinite sentences issued to children and young men, with the CCRC currently reviewing numerous others.
Dame Vera noted that discussions about the early release scheme have created an urgency to tackle these issues, emphasizing that “we are harming a lot of people” with a system condemned as torture by international human rights institutions.
Labour peer Shami Chakrabarti remarked that it is very encouraging to witness a prime minister actively trying to address the country’s long-standing prison crisis, particularly the scandal of IPP prisoners who have taken up space in prisons long past their release dates.
In light of these developments, the government faces increasing pressure to rectify what is increasingly viewed as a significant failing of the justice system.
