Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord Wigley and Lord Dholakia

Thursday 9th February 2012 Lords Chamber

[Lord Wigley]

My Lords, the amendment, tabled in my name and that of the noble Lord, Lord Judd, pertains to the abolition of sentences of imprisonment for public protection, more commonly known as IPP sentences, as provided for in Clause 113. Of course, some of these issues have already been aired in our debates today. The amendments linked to Amendment 179 in this group contain provisions to apply this abolition retrospectively for offenders serving existing IPP sentences and deal with associated issues. Indeed, they may do so more comprehensively than my own amendment, so I will listen with interest to the noble Lord, Lord Thomas of Gresford, and my noble friend Lord Ramsbotham when they speak to their amendments in the group. I realise that I am very much a layman in discussing these issues and that I stand alongside colleagues with a lifetime of professional experience, so I am grateful for the indulgence of the Committee.

As I said at Second Reading, IPP sentences were the result of controversial measures which effectively introduced life sentences via the back door for a great number of offences. Although the courts were able to set a minimum tariff which was to be served before a prisoner could apply for parole, I am told that the system rarely worked as intended. Little thought was given to determining prisoners’ tariffs and not enough focus was put on directing IPP prisoners towards relevant rehabilitation programmes, with the result that over 6,000 prisoners are now lingering in our prison system serving indeterminate sentences, over half of whom are past their minimum tariff.

Because of the requirements set by the Government, far too few of these prisoners are able to access the necessary courses which would entitle them to be considered for release. When we consider that these prisoners are serving on average 244 days beyond their tariff and that it costs something like £30,000 to keep someone in prison for that period, it is abundantly clear that the system surrounding IPP sentences is costly and, indeed, unacceptable. The Government are certainly right to abolish the IPP sentence, although I have some misgivings about what will be introduced in its place. Clause 114 will introduce a mandatory life sentence for those convicted of a second listed offence, and my concern is that judicial discretion will be damaged, an issue that we have already touched on in other contexts. What is important when sentencing offenders is to ensure that they are given sentences that are the most beneficial to the public, the victims and, indeed, to the criminals themselves, as mentioned by my noble and learned friend Lord Judge in an earlier debate, and indeed by the noble Baroness, Lady Stern.

Consideration should also be given to the treatment programmes or courses that such prisoners should undertake when in prison in order to get them to understand the gravity of their crimes and the impact on their victims. Introducing what are effectively mandatory life sentences for a second listed offence will strip the courts of their obligation to consider the individual circumstances surrounding each case.

To return to the matter in hand, I welcome the abolition of indeterminate sentences for public protection as provided for in Clause 113, but the reason I have tabled Amendment 179 is to probe the Government on why abolishing the system cannot also apply retrospectively. As I have said, thousands of prisoners are still languishing in the system without hope of rehabilitation or release. Without being directed into rehabilitation courses, this state of limbo will continue. That is why Amendment 179 would require the Government to grant these prisoners access to rehabilitation programmes or to rescind their sentences within 30 days of the commencement of the Act.

I note that a similar principle lies behind the amendments in this group tabled by the noble Lord, Lord Thomas of Gresford, and my noble friend Lord Ramsbotham. However, Amendments 179ZA and 179ZB would require the Government to refer prisoners serving existing IPP sentences to the Parole Board unless there is compelling evidence that they continue to pose a significant risk of reoffending. Amendment 180 goes slightly further, calling for the Secretary of State to ensure that plans are in place to release within three months of the enactment of the Bill all prisoners currently serving IPP sentences. However, the amendments have in common the desire to end the indeterminate legal limbo in which prisoners serving existing IPP sentences find themselves. Perhaps I can put it to the Minister in this way. In the football parlance that he used in an earlier debate, he might be far from happy if a Blackpool player had incurred a red card and did not know for how long he would be suspended. I urge the Government to consider these amendments. I beg to move.

[Lord Dholakia]

My Lords, I spoke about this matter at Second Reading and have great sympathy with the sentiment behind the amendment of the noble Lord, Lord Wigley.

In common with the overwhelming majority of people involved in the penal system, I am delighted to see the back of the sentence of imprisonment for public protection. The sentence has been a disaster for criminal justice and for the prison system, which, as a number of noble Lords have already commented, is now clogged, with more than 6,000 IPP prisoners having no certain release date. It is particularly unjust that many of those prisoners who have passed their tariff dates are on lengthy waiting lists to start offending-behaviour courses which could reduce the risk they pose and make them good prospects for release.

I share the Minister’s concern that everything possible should be done to speed up prisoners’ access to these courses so that they do not continue to languish in prison unnecessarily. Will he consider making one other change to help the position of those serving IPP sentences? This matter was referred to also by the noble Lord. The Secretary of State’s directions to the Parole Board include a very strong direction that a life-sentence prisoner should normally spend a period in an open prison before release. This is a sensible proposition for many life-sentence prisoners. They usually spend many years in prison; they are often institutionalised; and a gradual adjustment to freedom by going to an open prison will often increase their chances of a successful release.