IPP Sentences

Lauren Edwards Excerpts

Tuesday 29th October 2024 Westminster Hall

[Lauren Edwards (Rochester and Strood) (Lab)]

I thank my hon. Friend the Member for Southgate and Wood Green (Bambos Charalambous) for securing this debate. The introduction of IPP sentences was well intentioned but in reality it has gone badly wrong. That is not only my view but the view of Lord Blunkett, who was Home Secretary when IPP sentences were introduced.

We know that two of the key failures were that IPP sentences were intended for only the most serious violent and sexual offences but in practice captured many of the lower level criminal offences and were applied to shorter sentences, and that the practical implications of the recall provision were not properly appreciated or considered at the time of introduction. From what I understand, we have cross-party agreement on that assessment and on the intention to correct it. I view today’s debate as being about how we can best and most quickly achieve that aim and address, as others have said, a gross injustice.

As a MP for only a matter of months, I am already acutely aware of the toll those sentences have taken, not only on the prisoners who are affected but on their family members. I have at least two constituents who are currently recalled to prison because of non-criminal breaches of their licences and who are dealing with post-traumatic stress and other mental health challenges. That is driven to a significant extent by the uncertainty about whether they will ever be released or even about when their next parole hearing will be. As I and others have mentioned, that also significantly affects the family. I am sorry to say that I have been made aware that one of their partners has committed suicide in recent days. Her family’s view is that her losing her partner and her main source of support, while he was on one of those sentences, has been a contributing factor.

I know the Minister and the Secretary of State are taking action to implement the Victims and Prisoners Act 2024, passed by the last Government, and I really welcome that. The new automatic termination process and the presumption to terminate, and reducing the associated qualifying periods, will help a significant number of those currently on IPP licences. I ask the Minister to consider what additional steps the Government could take to accelerate the safe release of IPP prisoners who are still in custody, and to prevent the recall merry-go-round which many have experienced.

Recalled prisoners are a growing proportion of the total number of IPP prisoners in England and Wales. Many of the reasons for recall speak more to the need for mental health provision than for a recall to prison. For instance, one of my constituents was recalled for things he said to the police during a mental health crisis while intoxicated. Having served 17 years on an IPP sentence, he will now be in prison for an indeterminate length of time while waiting to be seen by the Parole Board, having committed no further criminal offences.

As far back as 2008, the chief inspectors of prisons and probation were highlighting the lack of resources necessary to rehabilitate IPP prisoners and the enormous strain IPP sentences placed on the prison system and the Parole Board. We know we inherited from the last Government a prison estate and a criminal justice system that is now in even worse shape. It is teetering on the edge and requiring the early release of some prisoners where it is considered safe to do so. I certainly welcome the action the Minister and his colleagues have taken to begin to clean up the mess.

Last week in the main Chamber we were told that IPP sentences would be excluded from the sentencing review announced by the Secretary of State. I understand the reasons why, but the actions that are being taken for those on IPP sentences and the new sentencing review must speak to each other, particularly where they are addressing common challenges such as the need to focus on rehabilitation and support in the community and to free up prison places across the prison estate.

Key to this will be the IPP action plan. We have a plan, but as yet no report to Parliament on its effectiveness. My understanding is that that was due in March, but was delayed to May by the previous Government and has still not been published. I therefore urge the Minister to bring forward that publication as a matter of urgency, together with the annual report by the Secretary of State on steps taken to support those serving IPP sentences with their rehabilitation and progress towards release.

I also urge the Minister to consider the ways in which the IPP action plan could be improved, reflecting on some of the feedback on its inadequacy that has been highlighted by previous Justice Committees and other civil society organisations. We must understand the adequacy of the current support available to prisoners serving IPP sentences or who have been recalled and have clear measures of assessment. We cannot continue to have IPP prisoners languishing in our overcrowded jails.

As of March this year, 80% of unreleased IPP prisoners had been in prison for over twice their original tariff length. I previously mentioned that IPP sentences had been attached to offences other than the most serious offences that were intended in the original legislation. I note that around 190 IPP prisoners are still in custody more than 10 years after completing their original tariff of two years.

As the Justice Committee, the Howard League for Penal Reform and the Prison Reform Trust have said, there are high rates of self-harm and recall to prison among IPP prisoners. That should cause us to look very closely at the adequacy of the support they are receiving, both in prison and when out on licence, and make improving it a priority for the new Labour Government. It is self-evident that those two things are linked, and that it will be very difficult for IPP prisoners to show that they no longer present a threat to the public if they are not receiving intensive support to deal with the psychological effects of believing they may never leave prison despite, for instance, having passed the end of the two-year tariff more than a decade previously. Lord Moylan has in the past described IPP sentences as

“a form of mental torture”,

as other Members have referenced today. I agree with him that we have a moral responsibility to administer justice to IPP prisoners, who have been neglected for too long.

Some Members have today raised resentencing. I know from her answer to my question in the Chamber last week that the Secretary of State is not in favour of resentencing. However, it is not clear to me why it could not be done in a way that balances the protection of the public with justice for the individual offender, as recommended by the Justice Committee in the past, via an expert committee that could correct any disproportionate sentences while considering public safety. A wide range of respected organisations consider that that could be done and I would welcome more clarity from the Minister on that point.

Just as I opened with words from Lord Blunkett, so I will end with them. He has described the current situation concerning recalled IPP prisoners in particular as “unequal”, “unjust” and “immoral”. The coalition Government took the right step in ending IPP sentences in 2012, but they left unfinished business. Those still serving IPP sentences, or who have been recalled, need a system that will be fairer to them and give them the necessary support to leave prison while preserving public safety. It is our issue to fix as the new Labour Government.

[Valerie Vaz (in the Chair)]

I call the Lib Dem spokesperson.

Sentencing Review and Prison Capacity

Lauren Edwards Excerpts

Tuesday 22nd October 2024 Commons Chamber

[Shabana Mahmood]

Let me assure my hon. Friend that the answer to his question is yes and yes. Part of the reason for doing the review is to ensure that this country is never again on the brink of running out of prison places, and that dangerous offenders who need to be locked up to keep the public safe will always be locked up.

[Lauren Edwards (Rochester and Strood) (Lab)]

I welcome the sentencing review and thank the Secretary of State for her explanation of why IPP sentences are not included in the review. What steps will she take to accelerate routes out of custody for prisoners serving IPP sentences, including a re-sentencing review that can be done without prejudice to public protection, to end an injustice once and for all and to increase capacity on our prison estate?

[Shabana Mahmood]

I hear the point my hon. Friend makes, and she makes it very well. We are not considering a re-sentencing exercise for IPP prisoners, because that would automatically release a number of people who we do not believe it would be safe to release. I am not willing to compromise public protection. I know that there is a huge injustice at the heart of these issues and that IPP sentences have rightly been abolished, but we have a problem with the cohort, in particular those under an IPP sentence who have never been released at all. I am determined to make more progress, wherever it is possible to do so safely, on releasing more IPP prisoners, but never in a way that compromises public protection.