Imprisonment for Public Protection Sentences

Debate between James Daly and Robert Neill

Thursday 27th April 2023 Westminster Hall

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

I beg to move,

That this House has considered the Third Report of the Justice Committee, IPP Sentences, HC 266, and the Government response, HC 933.

It is a pleasure to serve under your chairmanship, Mr Twigg. I am grateful to the Liaison Committee and the Backbench Business Committee for enabling us to have this debate. I am glad to see the Minister in his place. I know he will take seriously what are grave matters that need to be raised—both the issue itself, and the complete inadequacy of the Government’s response to a considered report by a Select Committee. I welcome my fellow members of the Select Committee. This report had support across parties in the Committee and was based on detailed evidence. I regret that none of that evidence seems to have penetrated into the reasoning of the response.

Let me set out the situation. I regret that we have to have this debate. We spent a great deal of time considering this issue and, as I said, we had a detailed evidence base and a comprehensive report. I hope that with changes in the Department and a new Secretary of State, there will be more scope for the Minister, whose personal qualities I entirely recognise and respect, to revisit the position on this matter.

Sentences of imprisonment for public protection, or IPP sentences, are indeterminate—that is, they have no fixed end date. They were originally designed to ensure that dangerous, violent and sexual offenders stayed in custody for as long as they presented a risk to the public. IPP sentences were introduced in the Criminal Justice Act 2003 and came into effect in 2005. Following criticisms of the sentence and its operation, it was reformed in 2008 but, frankly, those reforms did not work satisfactorily either and the sentence was abolished by 2012.

The sentence was abolished largely because—this was accepted by the originators of the scheme, not least the noble Lord Blunkett and others, as I will come to later—the way the scheme was drafted and the number of offences that brought people within its scope, together with the lack of understanding and, at the time, judicial training on the matter, meant that far more people fell within the scope of the scheme than had been the political intention. Rightly, in 2012, the coalition Government, of which I had the honour to be a member, rectified that and abolished the sentence. However, they did not deal with those who were already serving sentences. In other words, the abolition did not have effect retrospectively for those who were already subject to the sentences.

In total, some 8,711 people received an IPP sentence. The sentence works in three parts. First, there is a mandatory period in prison known as the tariff. That is broadly based on the nature of the offence for which the individual is convicted and sentenced—that is, the tariff for that offence or the index offence, as it is sometimes referred to. Secondly, that is followed by indefinite detention until such time as the Parole Board determines that the person concerned has reduced their risk enough to be safely released. Thirdly, following that release, they are subject to a life licence in the community, from which they may be recalled if they breach their licence or reoffend. Ten years after their initial release, IPP prisoners can apply to the Parole Board to have that licence terminated. There is, of course, no guarantee that it will be.

Our inquiry was prompted by the serious concern, which has been ventilated in the media and both Chambers of this Parliament over a period of time, about the number of IPP prisoners who have never been released, despite the fact that the vast majority have served their tariff. Some 97.5% of IPP prisoners currently in prison have already served their tariff, and in many cases they have served well beyond their tariff. The last figures that we had showed that at the end of December 2022, there were 2,892 IPP prisoners, of whom 1,394 are serving their original sentence and have never been released.

Some 621 of those prisoners are at least 10 years over their tariff, and 222 of those had received a tariff of less than two years. To put that in stark terms, they have been in prison for something like five times longer than the index sentence that the court that sentenced them and the judge who heard the facts thought was the appropriate tariff for the offence for which they were convicted. The tariff was set at, say, two years or less—the going rate for that offence—and some have been inside for five times that. That is a stark and shocking figure.

Some 1,498 IPP prisoners in custody at the end of December 2022 have been released but subsequently recalled to custody. When we were doing our inquiry, it was suggested to us that, at the current rates of recall, the proportion will change so that a majority of the IPP population will have been released and recalled. That point has now been reached. More than half of IPP prisoners have been released and recalled for one reason or other, and I will come to that later. There are a number of problems with IPP sentences.

[James Daly (Bury North) (Con)]

It is actually starker than my hon. Friend sets out. One IPP sentence was given with a tariff of 28 days, so hypothetically somebody who received a 28-day tariff could spend 50 years in prison. Even in the worst banana republic, that would sound extraordinary, but that is actually what this sentence is about. We are going to keep people locked up indefinitely, even though in any other circumstances they would be released. Will my hon. Friend touch on that? I do not have the words to describe it, but I agree wholeheartedly with him.

[Sir Robert Neill]

My hon. Friend is absolutely right. Of course, he speaks with great experience as a long-standing solicitor specialising in criminal work. He and I have seen this in our professional experience. We have perhaps seen rather more of the prison system than many of those who pontificate in either House or the media about what it is like.

This is a scandal. That is why one of the great supporters of reform, the noble Lord Brown of Eaton-under-Heywood—one of the last Lord Justices of Appeal, one of the first members of the Supreme Court and one of the most distinguished lawyers of his generation—described it as a “stain” upon the reputation of the British legal system, and he is absolutely right. That is why, to his credit, the noble Lord Blunkett, when he gave evidence to us, said frankly, fairly and honestly, “This was not what we intended should happen with these sentences.” My hon. Friend is therefore entirely right to point out how stark that could be. We would be shocked if this were happening in some of the countries with which we do business, and we rightly criticise it elsewhere around the world.

One of the problems is that IPP prisoners face barriers to progression to prove they are no longer a risk within prison and, if they are released, within the community. The aim of our inquiry was to examine carefully and on the evidence the continued existence of IPP sentences and identify possible legislative and policy solutions to a situation that is, as my hon. Friend rightly says, really not acceptable.

The seriousness of those concerns and the strength of feeling about IPP sentences was reflected in the volume of evidence that the Justice Committee received. It was the largest number of submissions we have ever received for any inquiry that we have undertaken. Of course, I looked at all of them, and they included hundreds of handwritten letters, some going into considerable detail, from serving prisoners. They were moving, and articulate in many cases, but also frequently deeply distressing.

Beyond that, the Committee also proactively sought the perspective of all stakeholders affected by the sentence. That is why we took evidence from Lord Blunkett, who was the original architect of the scheme, and Lord Thomas of Cwmgiedd, the former Lord Chief Justice. We also held private meetings and roundtables with affected parties, including people serving IPP sentences in the community, family members, legal professionals who have supported IPP prisoners, Parole Board members, prison and probation staff—it should be said that it is not easy for prison and probation staff to deal with people in this situation, and I suspect that there is also an injustice to them—and victims of IPP prisoners. I do accept that the victim’s perspective also has to be considered, so we deliberately and specifically sought victims’ views.

I thank all who took the time and effort to engage with our inquiry and to provide the evidence that underpinned our recommendations and conclusions. In particular, I thank Donna Mooney and Shirley Debono, both of whom gave oral evidence to us on behalf of the United Group for Reform of IPP. I think that some of the group are in the Public Gallery.

Donna Mooney shared with us the experience of her brother Tommy Nicol, who took his own life in 2015 following a second refusal of parole by the Parole Board. His tariff was four years; by then, he had already served six. Donna told us of the difficulties her brother Tommy faced in enrolling on courses that he needed to complete to demonstrate progression, and in accessing mental health support. He often told her and his family that his sentence was “psychological torture”.

Shirley Debono, whose son is a released IPP prisoner, told us that even those who have been released and are serving an IPP sentence in the community are immensely fearful of being recalled to prison. She described the licence conditions as “draining” and difficult to cope with. She said that her son had been afraid of the telephone in case it was the probation service calling. That is not a happy situation to put probation officers in, never mind anything else, including the difficulty that it causes people who are genuinely trying to rehabilitate themselves.

The Committee’s report considers the difficulties faced by IPP prisoners in progressing through sentences, and the psychological harm that that causes. Our evidence focused on actions that the Government should take to address the problem, and we began by considering the prison-based barriers to progression.

The psychological harm caused to individuals serving an IPP sentence was evidenced by a number of contributors to the inquiry, including those serving the sentence, family members and professionals who have experience of working with people who are serving the sentence. It was demonstrated clearly that rates of self-harm among IPP prisoners are high. Although it is good to see that the rate of self-harm thankfully reduced between the end of 2017 and the end of 2021, it is still almost double that for prisoners serving a determinate sentence. The Independent Advisory Panel on Deaths in Custody told us that as of May 2021, of the 250 IPP prisoners who had died in custody since the sentence came into effect, 65 had taken their own lives.

The Committee recently took evidence from the former chair of that panel, Juliet Lyon CBE. She told us that nine people serving an IPP sentence died last year. She said:

“It is something one cannot afford to forget. The utter hopelessness of their position means it is very difficult for them to maintain any sense of future; it seems just utterly sad and hopeless.”

Juliet Lyon has served in post for a considerable time and has decades of experience in the criminal justice system. Her wise words ought to weigh heavily. Sadly, I was notified that only two days ago another young man serving an IPP prison sentence took his own life in His Majesty’s Prison Manchester. This is still happening all the time.

Given the psychological harm that ensues as a result of the sentence and the conditions attached, many have argued that assessing risk is more complicated than it is for other prisoners. We heard that mental health need and risk are sometimes conflated and that poor mental health may therefore become a barrier to release—although, ironically, it is the serving of the indeterminate sentence that has triggered that poor mental health, and we have a vicious circle.

Judicial Review and Courts Bill

Debate between James Daly and Robert Neill

Report stage
Tuesday 25th January 2022 Commons Chamber

[Sir Robert Neill]

I salute my hon. Friend’s work as a magistrate over many years. What he says is absolutely true, and the Justice Committee report picked the point up at the time. When I practised in parts of east and central London, magistrates benches used to have a very high number of what we would now term blue collar workers—frequently trade union officials and public sector workers. They were given time off. Some of the major employers—Ford at Dagenham in the old days, for example—used to allow employees time off to serve as magistrates. The courts were much the better for that. I hope that that can be encouraged and we should make it easier to achieve.

We should also look at magistrates’ expenses, which have not been updated for very many years. We do not need legislation to do that, but we should make it worth people’s while to serve and not leave them out of pocket. That is important.

When the Committee published the report and considered why the provisions in the Criminal Justice Act 2003 had not been brought into force, we questioned the evidential basis. At that time, the Ministry of Justice’s line was that there was a risk of an adverse impact on the prison population, but we were never able to find any evidence to establish that. I think there is a bit of an urban myth that magistrates are heavier handed in sentencing than the Crown court would be. In fairness, when I first started, there might have been a bit of anecdotal evidence that I came across to support that view, but things have moved on over the years. The benches have a more sophisticated approach to sentencing and the guidelines have developed to such a degree that that dimension has changed.

[James Daly]

I truly wish that my hon. Friend would come to Bury magistrates court, then he would know a bench of magistrates who were willing to impose the stiffest possible sentences. My hon. Friend the Minister referred to the backlog, on which this debate is framed. I am a member of the Justice Committee, under the excellent chairmanship of my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill). We should be considering the measures in terms not just of the backlog, but of the new offending that comes into the system. I believe the measures will give confidence to the police and to other partners in the criminal justice system that, instead of creating more backlog, by releasing more people under custody we can get them before the magistrates, sentenced and dealt with at the earliest opportunity.

--- Later in debate ---

[Sir Robert Neill]

I understand the spirit in which the shadow Minister makes that point. He will know that the Justice Committee has said on a number of occasions that we cannot get justice on the cheap. I accept that we cannot write blank cheques, but the fact is that the proportion of total public spending that goes on the court system is a fraction of a fraction. We get justice for a very small amount of overall public spending in this country and a modest increase in that could be entirely justified, even within the existing budgets. With the increase in the Department’s allocation in the last spending, there is scope to do that. However, in terms of a greater reprioritisation of Government spending, more weight ought to be given to the importance of an effective justice system. It is a fundamental part of a democratic society and of the rule of law, and the magistracy are a key part of that.

I understand the spirit in which the shadow Minister spoke to a number of his amendments. I have sympathy with a lot of the thrust behind them and I hope that the Government will take them on board. I do not think that they need to be written in legislation, but there are issues relating to the way in which the single justice procedure operates. I am not against this—I think we have all seen what happens in magistrates courts when a bench sits in an entirely empty court going through a whole list of TV licence defaults or road traffic offences where nobody has attended. That is not a good use of time.

A fair point was raised with the Justice Committee about this issue in relation to open justice. More needs to be done to improve, for example, publication of the lists online so that people can be aware of what is happening and what can be done in relation to the publication of the results. That does not require legislation, but it should be invested in. Again, it is a small amount in the overall scheme of things.

I also share some of the concerns about the operation of the Common Platform. We have to accept that that is not necessarily a silver bullet; virtually no public sector IT system ever is. We have to continue to invest in it, but we cannot ultimately get around the fact that criminal justice—in fact, all justice systems—ultimately depends on the quality of the individuals in it. The technology is there to help, but ultimately, it is the good-quality lawyers, good-quality judges and good-quality probation professionals who help.

[James Daly]

My hon. Friend is making an excellent speech. On the justice system and quality individuals, does he, like me, welcome Sir Christopher Bellamy’s report and recommendations, and would he encourage Front Benchers to take a very favourable view of them?

[Sir Robert Neill]

I know we are straying towards the edge of the topic, Madam Deputy Speaker, but I think this is germane, because to make these reforms to the court system work, we have to invest in the professionals who operate in it. I welcome Sir Christopher’s report; it is immensely well researched and immensely well written. The truth is that within the uplift in the Department’s funding, there is scope, I say to the Minister, to implement Bellamy over the period of the spending round. I know that he has had constructive engagement already with Sir Christopher, and I urge him and his colleagues to continue to do so. We should thank Sir Christopher for his work.

I hope, therefore, that we will support the Government amendments. I hope that the Opposition will not press their amendments to a vote, but they raise legitimate issues that the Government should take on board. We all want to co-operate on having a court system that works. Efficiency should not be a matter of partisan debate, because justice must continue to be there, and the more settled arrangements we have across the House, the better confidence will be.

Finally, I express my thanks to magistrates. I have many friends who have served as magistrates. They do a very great public service, but the more magistrates we can get who are younger, the better. We have done pretty well on gender diversity, but we need to do more about recruiting magistrates from ethnic minority communities. That must continue to be a priority. I hope that that will be done by valuing the job; by giving them the resources, and that includes the physical resources and the buildings they sit in, many of which are pretty woeful; by a more imaginative approach to local justice—to where custody cases, for example, are not necessary and to listing cases nearer to people’s homes—by making it easier for witnesses to get to courts, because that was a concern that we raised in our report on access to justice some years ago; and by encouraging the best-quality people to go into the work that is done at the sharp end. That work, actually, is largely in the solicitors’ profession—I say that as a member of the Bar—because they are the people who do the police station call-outs, the early advice and the first appearances in front of magistrates. That is why Sir Christopher’s report, in that regard, is very important.

Release Under Investigation

Debate between James Daly and Robert Neill

Wednesday 5th February 2020 Westminster Hall

[James Daly (Bury North) (Con)]

I apologise if my speech sounds rather like a ramble through my years as a criminal defence solicitor. It probably will be that, but I hope that I can bring a little bit of experience on a practical level about how I have experienced the criminal justice system as a legal aid lawyer. I left just before the RUI process came into being. I had the dubious pleasure of dealing with police bail, which essentially was the same situation, but with bail conditions and people being arrested on a regular basis for breaching them. The delays were there with police bail, as they are with RUI, so that situation has not changed massively, as far as I can see.

My research for this debate was to speak to colleagues who are still practising in large practices. A friend I spoke to over the past couple of days told me that 75% of the people his firm represents who are interviewed in police stations are released on the RUI procedure. How can that possibly be? The vast majority of those case are straightforward offences. That was the point I was trying to make in my earlier intervention.

Another colleague of mine said that the situation has got to the point where, if my friend came to me and punched me on the nose—although that would clearly never happen—and I made a complaint to the police and said, “I have seen my friend, Fred Bloggs, punch me in the nose, and there is no doubt about it as I have known him for 10 years,” he would be released on this procedure. He would not be charged. He would go through this process for the best part of a year, and in the end he would almost certainly be released without charge, either because people had forgotten what they had said or the circumstances of the case, or because something else had happened.

It is a very unsatisfactory process. I would like the Government to consider going back to the custody sergeant ways. I know it is probably very old-fashioned, but I saw justice being done when I was a young lawyer. What is important here is how quickly we, as Members of Parliament, should expect the police to carry out their investigation. If the vast majority of cases are straightforward and involve two or three statements, how can that take more than 24 or 48 hours? Obviously people might be on holiday or away, but the vast majority of times, in my experience, the process literally involves a police officer going out and taking the statements, and that is it.

It has been confirmed to me by colleagues over the past couple of days that if that process happens—in most cases over a 24 or 48-hour period—and somebody is then released under investigation, when they come back to the police station in a year’s time it will almost certainly be the same evidence. Nothing will have happened, so the decision made 12 months down the line could have been made within 24 hours.

[Sir Robert Neill]

My hon. Friend makes an important point, and I know that he has real coalface experience of this. What might change a year down the track is that memories have faded, so the evidence will be less potent, which may result in a miscarriage of justice either way. We have talked about delays between charge and hearing dates in Crown and magistrates courts. If a delay is added before charge because of this system, the delay will be doubled up, which leads to that risk.

[James Daly]

For cases involving fraud or some technical matters, a process such as this should quite clearly be brought into play, because the technical examination of computers or whatever takes weeks or months. My comments are not in respect of those cases.

To follow on from a point that my colleague made, I have been told in the last 24 hours of rape and manslaughter cases following this process, which is quite incredible. It is suggested that one of those cases has direct evidence of involvement, but this process is happening. A suspect in a most horrendous rape case, similar to the one outlined, was released under this process for more than 12 months. I do not know how that can be.

We should look at the process within the police station. When a suspect goes into a police station, they will almost certainly be interviewed by an officer who does not take responsibility for the case later in proceedings. The officer who interviews does not have ownership of the case and gives it to the investigating officer, who is perhaps somewhere else in the police station or is not on shift at that moment in time, and the case gets lost within the system. My colleagues report back to me that, when this process happens, it is months down the line before the first conversation with the victim, or even the person who has been complained about. This system encourages delay and delayed justice, and that simply cannot be right.

When I first practised in court, I used to represent shoplifters or people who had committed the most straightforward offences. The court would be full of people committing that type of offence, but they are no longer within the court system; they have been taken out. We have a limited number of cases for which we have created a system in which we do not investigate these matters within an appropriate period of time. I believe that, sadly—I know that this was not the intention behind the process—this encourages tardiness and officers not prioritising these matters.

The only way of addressing this is to bring back a system in which charging has to be made within a set period of time, one way or the other, unless there is a good, proportionate and reasonable reason, or else we will continue to have these problems. We cannot have a system in which people accused of rape or manslaughter are in the community for more than 12 months, able to speak to their victim, to leave the country and to do other things. That is not the intention of the Government, the police or anybody involved in the process, but that is where we are.

I am interested to hear the Government’s view and to contribute to the review, but I say to the Minister that this comes down to who has the case initially and to carrying out the investigation at the earliest opportunity. It may be that we do not need a CPS lawyer to review all the evidence. There may be an experienced police officer who can do that, such as the custody sergeant, or there may be another way of dealing with matters that protects potential victims and the interests of those who have been involved in this process for a long time and that means that justice can be done.

At the start of my career, I believed that justice was done, but the custody sergeant did not always get it right, and there were lots of cases in which no further action happened as a result, so there is a strong argument against what I am saying. However, I can tell hon. Members, on behalf of my legal aid colleagues—I am proud to stand here as one of them, trying to represent some of the things that they believe in very passionately—that justice was done, the public were protected and the public interest was protected. I will obviously do anything I can to assist the Minister in the review.