Police, Crime, Sentencing and Courts Bill

Lord Brown of Eaton-under-Heywood Excerpts

2nd reading
Tuesday 14th September 2021 Lords Chamber

[Lord Brown of Eaton-under-Heywood (CB)]

My Lords, I have no time today to talk about what is in this Bill, only to talk about what is not but plainly should be: IPP prisoners, a subject already touched on by the noble and learned Lord, Lord Falconer, and the noble Lord, Lord Blunkett. This Bill represents a further step toward sentence inflation and must inevitably lead to a greater prison population and more overcrowding. Remedying the IPP regime would not only help cure a great and growing injustice in our system, it would also make some contribution—if perhaps only a modest one—towards reducing, instead of endlessly increasing, the prison population.

The very first sentence of the impact assessment for this Bill, under the heading,

“What is the problem under consideration?”,


speaks of too many offenders

“not serving a sentence that reflects the severity of their crime”.

Tell that to the remaining 1,722 IPP prisoners never yet released from their sentences—sentences which, by definition, were imposed before 2012, when the whole discredited IPP regime was abolished by LASPO, although, alas, only prospectively, not retrospectively.

Of those 1,722 prisoners—these figures come from June of this year—96% have passed their tariff expiry date and 555 have served over 10 years beyond their tariff term, which is the term specified, in the words of the impact assessment, to reflect

“the severity of their crime.”

Astonishingly, of those, 207 have actually got a tariff term of less than two years. Are these not appalling figures?  Indeed, many of them have served well beyond the statutory maximum determinate sentence for their offences.  Frankly, this is a system of preventive detention which some know effectively as internment.

That is not the end of the problem because in addition there are now in prison a further 1,332 IPP prisoners recalled under the licence provisions; therefore, making more than 3,000 IPP prisoners still incarcerated in our prisons. Recalls are a growing problem. The number is increasing year on year. The great majority are not for further offending but rather for often comparatively minor non-compliance with release conditions, such as not giving their correct or up-to-date address—and they do not always find that easy—or for mental health reasons.

All these IPP prisoners, whether never yet released or recalled, have to discharge that most difficult of burdens to prove for release that they would then be safe. In the meantime, they and their families live in a Kafkaesque world of uncertainty, hopelessness and despair. It is small wonder that there have been many suicides among this population: twice as many IPPs even than ordinary life sentence prisoners. It is self-harm. It is also small wonder that Justice Ministers past—Tories such as the noble and learned Lord, Lord Clarke of Nottingham, and Michael Gove—have recognised the manifest injustice of all this and called for reform. Indeed, on 31 July I hope at least some noble Lords read Matthew Parris, who devoted his whole column to urging the Government to have the political will—as he put it, the guts—finally to deal with the gross injustices that these prisoners continue to suffer. We cannot afford to miss this opportunity at long last to do something for this cohort.