Thousands of prisoners trapped on “inhumane” indefinite jail terms compared to psychological torture have been offered fresh hope of release after Andy Burnham ordered a review of the system that has left many still languishing in prison for decades.
The controversial open-ended punishments were scrapped in 2012, but not retrospectively, leaving 2,400 people in prison without a release date for years.
The Independent has campaigned for the past two years alongside the families of those affected to call for all IPP prisoners to have their sentences reviewed. Despite 96 people taking their own lives in custody after losing hope of release, successive governments have refused.
Among those trapped inside are Leroy Douglas, 43, who has served almost 20 years without release for street robbery of a mobile phone, Abdullahi Suleman, 42, who is still in jail 20 years after he was handed an IPP for a laptop robbery and Shaun Anton Lloyd, 39, who has been hauled back to prison four times and served 12 years for two street robberies committed when he was 18.
Now, the prime minister has asked the justice secretary Alex Norris to review Imprisonment for Public Protection (IPP) sentences as a way of tackling Britain’s prison crisis and freeing up much-needed space in overcrowded jails.
John Thomas of Cwmgiedd, the former Lord Chief Justice of England and Wales, welcomed the move and paid tribute to The Independent’s campaigning on the issue, while Labour peer Shami Chakrabarti said Mr Burnham’s intervention would offer “hope to the hopeless”.
The review was announced as part of changes to the early prisoner release scheme, which will see rapists and serious child sex offenders, including those convicted of grooming offences, excluded from upcoming plans to release certain prisoners early.
Writing in The Telegraph, the former mayor of Greater Manchester said he understood the “anxiety” caused by the scheme and insisted he “wanted to go even further”, but said that would risk the collapse of the entire prison system.
But he also vowed that his government would “work to fix the prison crisis once and for all” and that he “will not leave the same problems for my successors” – including a review of IPP prisoners, many of whom find themselves trapped in a cycle of indefinite recall for minor breaches of strict licence conditions once released.
Mr Burnham wrote: “To avoid a repeat of this situation, I have also asked the justice secretary to identify other ways to free up prison capacity that will be more palatable to the public.
“First, I have asked him to review the indefinite sentences handed out between 2005 and 2012, called Imprisonment for Public Protection (IPP). This has left many hundreds of people in prison since they were young but without any prospect of release despite having already served very long sentences.”
Lord Thomas welcomed the review of the sentences that he said was were a “stain” on British justice.
“Addressing the position of those never released from IPP and reforming the system for those IPP prisoners recalled to prison will put right a real injustice and also free up prison places for those who should be serving their sentences. Let us hope your long championing of this issue will finally see progress on the proposals put forward by an expert group convened by the Howard League to bring to an end what has been accepted to be a real stain on the British system of justice,” he said.
Dame Vera Baird, the chair of the Criminal Cases Review Commission, the watchdog for miscarriages of justice, which referred five IPP cases, all related to teenagers or young men, to be reconsidered by judges earlier this year, said it should be involved in the review.
Dame Vera, who is also a former victims’ commissioner, said: “We are referring as many [cases] as we can as quickly as we can when an opening occurs in the Court of Appeal’s reasoning, but it is a slow process. We would clearly like to use our expertise in the reviews that the prime minister is ordering, to help devise the best system bearing in mind our experience.”
On Tuesday, the CRC announced it had referred another three IPP sentences to the Court of Appeal, all of men still in prison despite being sentenced in 2006 and 2008. They include Christian Chambers, who was convicted in 2006 of robbery, attempted robbery and possession of an imitation firearm, when he was just 15 years old.
Baroness Chakrabarti, the former director of Liberty, the civil liberties and human rights group, told The Independent the current system was unjust.
“Ending the continuing historic injustice of IPP sentences would be a very fitting intervention for a new prime minister offering hope to the hopeless. Combined with dropping plans to restrict jury trial and finally get the Hillsborough Law on the statute book, we see the possibility of a premiership for justice as well as equality.”
Andrea Coomber, chief executive of the Howard League for Penal Reform, called on the PM to look at the sentences urgently and deal with the “ongoing injustice” of those trapped on the abolished terms.
She said: “The government must explore these and other options urgently, while mustering the bravery to tackle unsustainable sentence inflation and prevent an endless cycle of crisis and failure, followed by imperfect and short-term emergency responses.”
But a spokesperson for campaign group United Group for the Reform of IPP (Ungripp), which represents the families of IPPs warned that those serving sentences “have heard promises of action and reform before, only to see meaningful change delayed or fail to materialise”. They said that while they welcomed the review, “we will judge it by what it delivers”.
Last week, the United Nations condemned the “arbitrary” detention of UK prisoners trapped on indefinite jail terms and accused the British government of presiding over a form of psychological torture.
In a scathing 16-page document, the Human Rights Council’s Working Group on Arbitrary Detention lashed out at the jail terms, describing them as “inhumane treatment” due to the “mental anguish of being subjected to continuous uncertainty of a release date”.
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The architect of the flawed sentence, David Blunkett, has since admitted that ushering in the draconian punishments under Tony Blair’s government is his “biggest regret”.
In 2022, the government’s own cross-party justice committee inquiry found the sentences were “irredeemably flawed” and called for all IPP prisoners to be resentenced.
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