IPP Sentences

Afzal Khan Excerpts

Tuesday 29th October 2024 Westminster Hall

[Afzal Khan (Manchester Rusholme) (Lab)]

I thank my hon. Friend for giving way and congratulate him on securing this important debate. I want to raise the case of my constituent whose son is serving an indefinite IPP sentence and suffers from long-term psychiatric conditions. She feels he is in the wrong institution, unable to access the specialist support he urgently needs. Does my hon. Friend agree that such cases underline the urgent need for a review of IPP sentences, particularly given the crisis in overcrowded prisons?

[Bambos Charalambous]

My hon. Friend is right. There is a special need for prisoners to receive support. Keeping IPP prisoners incarcerated for longer than they should be is adding further pressure on our already overcrowded prison population.

In a recent written response to a question from my hon. Friend the Member for Liverpool Riverside (Kim Johnson), the Minister confirmed that there are still five serving IPP prisoners who were given a minimum term of less than six months but have served more than 16 years. There are a further 15 with a tariff of between six months and a year who have not been released after 16 years. There are in a further 47 in the same position whose tariff was between a year and 18 months.

Among the 1,132 IPP prisoners who have never been released is one of my constituents. Ongoing legal proceedings preclude me from naming him, although I can say that in 2006 he was sentenced to serve a minimum of 10 years for robbery under an IPP plan but has now served 19 years. He is now 42 years old and has missed the funeral of his grandfather, along with countless other family occasions. That has had a serious impact on him and his family.

The psychological harm experienced by IPP prisoners and their families has been well documented by the British Psychological Society, which refers to the heightened risk of self-harm and suicide that IPP prisoners face as a result of their hopelessness and their perpetual state of anxiety at the prospect of additional years in prison. The deterioration of IPP prisoners’ mental health is illustrated by the Royal College of Psychiatrists case study in which a 17-year-old was given an IPP sentence for street robbery of trainers and given a one-year tariff but spent 10 years in prison, during which time he lost both his living relatives: his mother and grandmother. His mental health deteriorated so badly that he had to be transferred to a secure NHS mental hospital.

Having spoken to some of the family members of people currently serving IPP sentences—I met them at lunchtime today, and many are in the Public Gallery—I have heard at first hand about the impact that this unbearable situation has on family members, but the impact on IPP prisoners is far more profound. According to the United Group for Reform of IPP, or UNGRIPP, which is campaigning to bring about change to IPP sentences, 90 IPP prisoners have committed suicide since the sentences were introduced, with nine of those suicides occurring in 2023. Considering that the prison population last year was approximately 87,000 and IPP prisoners were only 3% of that total, it is staggering that IPP prisoners accounted for 10% of all self-inflicted deaths in prison in 2023.

One example is the tragic suicide of Scott Rider in 2022. In 2005, he had been sentenced to an IPP sentence, with a minimum tariff of 23 months. Seventeen years later, he was still in prison. He was one of the longest serving IPP prisoners at the time of his death. Following a three-day inquest into his death, the senior coroner for Milton Keynes, Tom Osborne, said in his regulation 28 report to prevent future deaths:

“On any consideration of the circumstances of Mr Rider’s death one has to conclude that his treatment was inhumane and indefensible and that if action is not taken to review all prisoners sentenced to IPP then there is a risk of further deaths occurring.”

He added:

“Mr Rider was one of many IPP prisoners struggling to progress”

and, at the time of his death, he had served 17.5 years and had

“given up all hope of release.”

The loss of hope of ever being released is certainly one of the big factors behind the high levels of suicide and self-harm among IPP prisoners. Even when IPP prisoners have been released on licence, the draconian licence conditions have led to prisoners being recalled for minor breaches of their licence, such as being late or missing an appointment. As I have mentioned, there are currently 1,602 IPP prisoners who have been released on licence but recalled.

I am sure that we all agree that the current situation cannot continue, so what is to be done? In September 2022, in its excellent report on IPP sentences, the Justice Committee, chaired by Sir Bob Neill, made several recommendations to remedy the damage done by the sentences. The three main recommendations can be summarised as follows. No. 1 involves a refreshed action plan for IPP sentences, better access to prison programmes to help IPP prisoners to progress and better support for prisoners who are suffering with their mental health because of these sentences. No. 2 involves better training for Parole Board members overseeing IPP prisoners’ parole hearings, more support for IPP prisoners in preparing for parole hearings, a reduction of the qualifying licence period and better support for prison leavers. No. 3 is resentencing. In paragraph 152 of its report, the Justice Committee said:

“Our primary recommendation is that the Government brings forward legislation to enable a resentencing exercise in relation to all IPP sentenced individuals…This is the only way to address the unique injustice caused by the IPP sentence and its subsequent administration, and to restore proportionality to the original sentences that were given.”

The Committee also noted that there is precedent for resentencing retrospectively, but that it would require primary legislation. Former Lord Chief Justice Lord Thomas emphasised his support for this approach.

I acknowledge the steps that this Government and the previous Government have taken to tackle some of the problems caused by the licence conditions of IPP sentences. Particularly of note is section 66 of the Victims and Prisoners Act 2024, which creates an automatic termination process for IPP licences in certain circumstances, starting from this Friday, 1 November. At lunchtime, I had the pleasure of meeting a former IPP prisoner who will benefit from this measure, which means that he will no longer be on an IPP licence and will be able to be at large freely. The Act also allows for reviews by the Parole Board in certain circumstances from 1 February 2025.

However, resentencing would be the most effective way to deal with the legacy of IPP sentences. I am aware that it is not without its problems, but it is the only just and fair way to deal with this appalling situation, which, if left unresolved, will lead to more IPP prisoners self-harming and taking their own lives.

Prior to this debate, some of the IPP reform campaigners met Lord Woodley to discuss his private Member’s Bill on resentencing IPP prisoners, which reflects the Justice Committee’s recommendations on the matter. I hope Ministers will meet Lord Woodley to discuss his proposals, because there needs to be a review of IPP sentences, and all options need to be considered.

Will my hon. Friend the Minister advise me on what steps the Government are taking to reduce the number of IPP prisoners in our prisons? What support mechanisms have been put in place to help IPP prisoners who are struggling with their mental health, including those who have been institutionalised, to help them overcome the barriers that may adversely affect their parole hearings and to prepare them for a return to life outside prison? Will the Government reconsider their position on resentencing IPP prisoners? At a stroke, that would rectify this injustice once and for all. Will the Government at least carry out a review to see what the barriers to resentencing are? That is the one thing that all commentators think needs to be done to resolve the injustice caused by IPP sentences.

I thank UNGRIPP, the Howard League—which runs an excellent advice line for family members of IPP prisoners —the Centre for Crime and Justice Studies, the Royal College of Psychiatrists and the British Psychological Society. I also thank the House of Commons Library for its excellent briefings ahead of the debate. Most important are the family and friends of IPP prisoners who are incarcerated and those who have endured IPP sentences. Finally, there are those who unfortunately bow to the pressure of hopelessness, as there is no end to their sentences in sight, and, sadly, end their lives in prison. I hope that change will come and that IPP sentences will finally be gotten rid of from our prisons and confined to the dustbin of history, where they belong.