Imprisonment for Public Protection

John Howell Excerpts

Tuesday 11th June 2019 Westminster Hall

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

I beg to move,

That this House has considered imprisonment for public protection.

It is a pleasure to serve under your chairmanship, Sir Edward. Sentences of imprisonment for public protection are an often overlooked part of our criminal justice system, despite their huge impact on those prisoners continuing to serve them. They were intended to protect the public from serious offenders and ensure that dangerous violent and sexual offenders stayed in custody for as long as they presented a risk to society.

Under the IPP regime, offenders given an IPP sentence were set a minimum term that they had to spend in prison, but unlike with most other sentences, there was no upper limit, meaning that once the minimum tariff had been served, the offender must apply to the Parole Board for release. Only if the Parole Board is satisfied that they are not a danger to the public can someone serving an IPP sentence be released. Release is therefore not automatic, and if the Parole Board is not satisfied that someone serving an IPP sentence has demonstrated that they no longer pose a risk, the prisoner can remain in custody indefinitely.

I have discussed these concerns with colleagues, including the shadow Secretary of State for Justice, my hon. Friend the Member for Leeds East (Richard Burgon), who also realises the gravity of this important issue and how it impacts on so many families. That is why I applied for the matter to be debated by right hon. and hon. Members in Parliament.

[John Howell (Henley) (Con)]

The point that the hon. Gentleman has just made is very important. This issue has a big impact on families. I do not think we should lose sight of that as the debate proceeds. The other point is that the number of prisoners who self-harm during these sentences is much higher than the number across the rest of the prison population. Does the hon. Gentleman agree that those two factors should play a part in his thinking?

[Mr Dhesi]

With great eloquence, the hon. Gentleman has highlighted two of the key reasons why this debate is so important. I concur fully with his views.

In many cases, IPP sentences that had shorter tariffs, of less than two years, have become in effect a life sentence as people have been stuck in limbo, unable to prove that they no longer pose a risk, often for reasons beyond their control. For those IPP-sentenced prisoners, the sentences did not work as intended and instead have become an unfairly punitive aspect of our criminal justice system. I would like to focus my remarks today on those prisoners, as it is those on the shortest tariffs who have experienced the injustice.

Why were IPP sentences abolished in the first place? Although designed to protect the public from serious offenders, IPP sentences were in reality handed down for a far broader range of offences than was intended. They were handed down at the rate of more than 800 a year, moving thousands of people into prison indefinitely. That led to offenders who had committed more minor crimes facing a short tariff but an indefinite sentence.

The Prison Reform Trust published late last year a report that showed that more than half of prisoners still serving an IPP sentence had a tariff of four years or less and 15% had a tariff of less than two years. Custody and imprisonment should be used as a last resort; and indefinite custody, with no fixed end, should be used only where a very serious offence has been committed. I fully appreciate that there are cases in which individuals have committed heinous crimes against humanity and therefore the local communities are extremely concerned about the prisoner’s release. One such case was highlighted to me by the Under-Secretary of State for Exiting the European Union, the hon. Member for Worcester (Mr Walker). He and his predecessor in that seat had both worked with the local community to highlight their very serious concerns about someone who had killed three children and impaled them on railings after murdering them in their home.

However, I am most concerned about the non-serious cases wherein someone is sentenced to a short sentence but ends up being imprisoned for years on end. Where people are safe to be released, we should not be keeping them in custody to serve many multiples of their tariff for the crimes that they have committed. That stands against the principles of natural justice, on which our justice system was founded. The more widespread use of IPP sentences than was intended has also led to a number of instances in which offenders who committed the same offence in the same context were handed sentences such that one offender could be expected to spend a lot longer in prison.

Even the author of IPP sentencing, David Blunkett, acknowledges that this was a flawed policy. Lord Blunkett has noted:

“The consequence of bringing that Act”—

the Criminal Justice Act 2003—

“in has led, in some cases, to an injustice and I regret that”.

In 2012, the Government rightly took the decision to abolish sentences of imprisonment for public protection for offenders, meaning that that option was no longer available to judges. However, although that was the right decision, the issue remains of what to do to address the situation of those who are currently serving an IPP sentence.