IPP Sentences

Rachael Maskell Excerpts

Tuesday 29th October 2024 Westminster Hall

[Rachael Maskell (York Central) (Lab/Co-op)]

It is a pleasure to see you in the Chair, Ms Vaz. I congratulate my hon. Friend the Member for Southgate and Wood Green (Bambos Charalambous) on calling this important debate at the start of this Parliament. I also endorse the comments made about the Justice Committee, and its incredible work scrutinising this issue and coming up with workable recommendations. work scrutinising this issue and coming up with workable recommendations.

My constituent, who lived in York before being taken into custody in 2005—19 years ago—was given an imprisonment for public protection sentence on 22 January 2007. His original tariff meant that the Parole Board could have released him on 26 May 2009, but he is still there. It must be one of the most egregious cases in the system.

IPP sentences were introduced through the Criminal Justice Act 2003, despite warnings that they would be an affront to justice. They were reformed in 2008 and abolished in 2012, and a total of 8,711 sentences were imposed.

My constituent’s family have been superb and have met me, to keep me informed of the progress for my constituent—apart from that there is no progress, because we do not know what happens next. There have been incidents and consequences, but he is seriously unwell, because he never knows the date of his release or how the injustices he has now served will ever be undone. To incarcerate someone indefinitely comes at significant cost—it is beyond comprehension. My constituent’s mental health has significantly spiralled, as he cannot see an end to this nightmare.

As we have heard, reports have shown that 90 people have taken their own lives while on an IPP sentence. There have been 1,866 incidents of self-harm; the figure is around 2,000 incidents of self-harm every year, across many years, among those on IPP sentences.

The nature of an indeterminate sentence is profound and we understand that denying somebody release has a huge impact. It is often denied as they are not engaging, as my constituent did not for some time, with psychiatric services. He just could not—yet that delayed his progress towards release. After getting a sentence of two years, four months and nine days, he has now served a sentence of 19 years, and his hope is diminishing as he continues to wait for the Parole Board to do justice. He was just 24 years old when a single incident occurred; now 43, having completed course after course after course, he is yet to be released.

The Justice Committee report highlighted the inconsistencies in the way IPP prisoners are treated, the failure of the Parole Board to properly stratify risk, and the conditions that prisoners have to satisfy in order to be released. As a result, we see people languishing in their cells without hope of ever getting out.

The Parole Board needs to be given the scope to properly look at this measure. That is why I support the recommendations in the Justice Committee’s report on resentencing. It is not just people who are incarcerated who are on an IPP sentence; on their release, people continue on that sentence in the community, and for the smallest misdemeanour can easily be recalled. There is no consistency. People may miss appointments and therefore be recalled. We heard in evidence to the Select Committee how small some of the misdemeanours were that meant people were recalled back into prison.

We need to find a way out of this situation. The report calls for resentencing and the reduction of the recall period to five years from the current 10 years. Will the Minister support that change? If not, I ask him to give us a full explanation as to why.

This all comes in the context of significant current pressure on the courts. Perhaps a specialist court is needed to review all these cases, to ensure that the decisions are expedited in the resentencing and ensuing release process. We need to ensure that people have the right support to go back into the community, given that the Probation Service is at absolute breaking point, not least as it is having to deal with early releases at the moment. Again, a specialist focus is required. For example, my constituent has been in prison for 19 years, so a lot of steps need to be taken to ensure that when he is released, he is safe to himself, that he gets the mental health support he requires, and that the family also get support over that period. We must recognise the huge vulnerability of these individuals at that time.

We also need to ensure that the process is robust and consistent—we have seen inconsistencies in the judgments of parole boards, causing further frustration for many people on the inside—and that there are allocated safe places, where people can start to rebuild their lives. My constituent is fortunate to have family who are prepared and a place to go, but many people do not have those associations because it has been so long since they were on the outside. We need to make sure that real expertise in this area is brought in.

When we hear places like the European Court of Human Rights deeming such sentences to be in breach of article 5, on the basis of protection of unlawful deprivation of liberty, the Government cannot sit on their hands. They must act swiftly; and being new in government brings the opportunity to ensure that they do.

How is the Minister is going to review the programmes that people on IPP sentences and others are placed on in prison? The Select Committee heard evidence that many are not fit for purpose nor evidence-based. How do we ensure that the focus of those programmes is on rehabilitating people ready for their future life, and that they are not just a process that prisoners have to go through, serving no benefit?

The Lord Chancellor and the Minister have to rebuild the criminal justice system—we recognise that. The most important thing is reducing the offending rate and ensuring that we do not continue to see the current levels of reoffending. There are some good models out there, including my local prison, Askham Grange, which has the lowest reoffending rate in the country. With that, there is a proper process in place so that the residents —as they are given the dignity of being called—are given support when coming out and going back into employment and civil society. That invest-to-save model needs funding and support. As we transition services, we need to ensure—particularly for those serving IPP sentences, but also across the wider criminal justice system—that the right support is put in the right place.

Ultimately, I turn to the matter of our psychiatric services, because my observation is that many prisons have now become a place where people with significant and severe mental health challenges have to be; it is a failure of our mental health services that they are there at all. Many on IPP sentences fall within that category. If there is a resentencing process, which I hope there is, can we ensure that we also look at mental health support? For many people, perhaps hospital is a more appropriate place than prison. I look forward to the Minister’s response.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Justice (Sir Nicholas Dakin)]

It is a pleasure to serve under you in the Chair, Mr Efford. We have had a full and informed debate, and I thank my hon. Friend the Member for Southgate and Wood Green (Bambos Charalambous) for securing it and setting it off in such a positive way. He drew our attention to the issues and reminded us, as others did, of Lord Blunkett’s words about IPP sentences being the “biggest regret” of his political career. We all need to roll up our sleeves and work across the parties. I welcome the fact that the Opposition spokesman, the right hon. Member for Melton and Syston (Edward Argar), recognised how we, in opposition, worked constructively with the Government. He is now doing the same. The problem belongs to all of us and we should put our shoulders to the wheel to resolve it in the best way possible.

My hon. Friend the Member for Southgate and Wood Green also drew our attention to the heart of all this: these prisoners often feel a loss of hope and that they are in a cycle of despair. It is our responsibility to do all we can to break that cycle. My right hon. Friend the Member for Hayes and Harlington (John McDonnell) spoke with deep understanding and eloquence. He drew attention to the way in which prisoners often self-harm and the need for programmes to be focused precisely on the needs of individuals to bring about practical action. I hope that is where we are going now with the action plan and the dashboard behind it, which follows each individual prisoner so that the right approach can be taken for them and so that they and the prison authorities know what they have to do to allow people to move to the next stage so that there is, we hope, a positive outcome for everybody.

My hon. Friend the Member for York Central (Rachael Maskell) spoke about people languishing in their cells without hope. That is a depressing picture and we all have a big responsibility to turn back the clock so that it is no longer the case. The right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts)—I pronounced her constituency wrong but did my best, so I hope she will forgive me—drew attention to the comments of the special rapporteur. Lord Timpson met the special rapporteur yesterday, so we are taking those issues seriously as we try to move forward.

The hon. Member for Strangford (Jim Shannon) spoke with his usual warmth and passion. He drew attention to the important principles of justice, rehabilitation and the needs of the victims, and the need to balance them as we move forward. My hon. Friend the Member for Rochester and Strood (Lauren Edwards) focused on the words of Lord Blunkett, but also drew our attention to the way recall has been used in a way perhaps not anticipated at the outset. I hope that what happens later this week will help remedy some of that. The Lib Dem spokesman, the hon. Member for Winchester (Dr Chambers), gave us Tommy’s harrowing story. Sadly, there are many stories like that, and our job is to try to ensure that there are not more in the future.

A lot of the history has already been dealt with, so I will not go back over what has been covered so well by others. The Government recognise the challenges faced by those serving IPP sentences, and it is absolutely right that the sentence was abolished. More than 5,000 people are still serving IPP sentences. For those serving the sentence in prison, the Government are determined to give them the support and opportunities they need to make further progress towards a safe, sustainable release. For those serving the sentence in the community, an end to the sentence is now within their grasp.

The debate is timely, as I was pleased to meet the IPP Committee in Action with Lord Timpson today—I see members of the group in the Public Gallery—in what I felt was a positive meeting. That does not mean that everything was where we wanted it to be, but it was a constructive, positive meeting, as we tried to work with people with genuine concerns and experience to get better outcomes.

This Friday, we will implement the first phase of changes to the IPP licence period in the Victims and Prisoners Act 2024, which we supported in opposition, and we are determined to implement those vital provisions at the earliest opportunity. We will also publish an updated IPP action plan shortly, which will continue to focus on the rehabilitation of IPP offenders through frontline delivery in our prisons and in the probation service. It remains the case, however, that supporting IPP offenders continues to present a number of challenges, particularly when it comes to those who have never been released. In addition, we must never lose sight of the paramount importance of protecting the public, which the right hon. Member for Melton and Syston spoke about so sensibly.

The changes to the IPP licence in the Victim and Prisoners Act will mean that this Friday those who were first released at least five years ago—or four years ago for those convicted when they were under 18—and who have spent the last two on licence without recall to custody will have their licence automatically terminated on 1 February 2025. The qualifying period for when the Secretary of State must refer an IPP licence to the Parole Board for consideration of licence termination, which is currently 10 years, will be three years, or two for those convicted when under 18. Commencing the new measures means that the IPP licence will end automatically for around 1,800 people on 1 November. In addition, 600 people will be referred to the Parole Board to consider licence termination on 1 February 2025. We anticipate that the changes, once fully implemented, will reduce the number of people serving IPP sentences in the community by around two thirds.

I recognise that the changes will not automatically result in any change to the status of those serving IPP sentences in prison. For that reason, the Government are determined to give those people every chance to make further progress in reducing their risk and eventually obtaining a release direction from the Parole Board in a way that prioritises public protection. As hon. Members have said, there is a responsibility on us to provide hope, but also to ensure that hope is realistic and proper.

The IPP action plan is one of the first steps in delivering that. The refreshed plan, which my hon. Friend the Member for Southgate and Wood Green asked for, places greater emphasis on effective frontline delivery in our prisons to ensure that prisoners serving IPP sentences have robust and effective sentence plans that they are actively engaging with, and that they are in the correct prison to access the right interventions and rehabilitative services. Lord Timpson, the Minister for prisons, probation and reducing reoffending, is determined to use his role to achieve that, including by ensuring that HMPPS delivers effective sentence planning and timely prison transfers. Lord Timpson would also remind us that in the Timpson business he had 30 IPP prisoners as good, effective colleagues, so he has lived experience of working hard to deliver for people in this area.

Those efforts will ensure that IPP prisoners can get to the right place to pursue the programme of intervention that they need to reduce their risk and make further progress towards a future release by way of the direction from the Parole Board. Around 30% of IPP prisoners are not currently in the correct prison to start the next formal intervention specified in their sentence plan. We are clear that that must be addressed as a matter of urgency, notwithstanding the challenges brought about by the current population pressures, which the Government are taking decisive action to tackle.

[Rachael Maskell]

My constituent has been waiting 17 years for release. Can the Minister provide a timeframe by which my constituent can expect to hear what the justice system further expects of him before he gets that release?

[Sir Nicholas Dakin]

Each case is different, so I come back to the importance of individual plans for individual prisoners, and the fact that they need to know, from conversations with the prison authorities, exactly where they are and what intervention is there, and they can see themselves progressing positively towards a positive outcome. It is impossible to give a timeframe on each individual case, but I would hope that each individual would have a feel of what the timeframe might look like for them.

Every prison now has a dedicated full-time neurodiversity support manager, and each has attended a bespoke awareness session on the IPP sentence and its impact on those serving it. Those managers are working with frontline staff to help them improve their support and communication with neurodiverse IPP prisoners, fostering good relationships and effective support for improved prospects of progression. We will continue to focus on delivering good education training and work opportunities in prison to build skills, alongside support for IPP prisoners to access employment and accommodation on release.

The IPP action plan is reviewed annually, and the Government will continue to scrutinise thoroughly progress made. To increase accountability, next summer the Lord Chancellor will be laying before Parliament the IPP annual report, which will detail the activity that has been undertaken to support those serving the IPP sentence, and hopefully address the points that have been made about where individuals lie in relation to confidence and assistance. If the anticipated progress is not being made, we will then consider what more we must do to drive the progress that we are determined to see. We will not accept no progress; we expect and demand progress, and that is what we will be looking for.

I appreciate that those still serving the sentence in prison will consider that they have not really benefited from the previous IPP action plans—there is some scepticism. This Labour Government will not allow that to be the case in future. We will robustly drive meaningful actions to deliver actual changes to how well IPP prisoners are protected and supported. That includes supporting those who have never been released, and those who have been recalled to custody. Recall remains a vital function in managing the risk of released IPP prisoners. The thematic review from His Majesty’s inspectorate of probation highlights the fact that decisions to recall IPP offenders have been proportionate and necessary, and that must continue to maintain public protection.

The Government’s overriding priority remains the protection of the public—I was pleased that the Opposition spokesperson, the right hon. Member for Melton and Syston, reiterated that in his comments—but, as my hon. Friend the Member for York Central pointed out, that needs to be robust and consistent. It is vital for public confidence and protection that those serving the IPP sentence in prison are released only following a thorough risk assessment that finds that their risk has reduced to the point where they may be safely managed in the community. That is a judgment for the independent Parole Board, which has also recognised that a greater focus on the IPP cohort is necessary. The board has set up a dedicated IPP taskforce so that IPP cases are handled and reviewed by Parole Board members with the appropriate knowledge, experience and expertise of the IPP sentence.

Legislating to give every IPP prisoner a definite release date and post-release licence would result in most of them being released automatically—we are coming on to the issue of resentencing, which I know is an issue of huge contention and concern—but, in many cases, the Parole Board has repeatedly determined that those individuals are too dangerous to be released, not having met the statutory release test. In those circumstances, sadly, public protection has to take priority.

The alternative would be resentencing via the court, which would likely result in most offenders still in custody being released without any licensed supervision, despite the Parole Board having assessed in the past two years that those individuals should remain in custody for the protection of the public, having not met the statutory release test. Either approach, sadly, would pose an unacceptable level of risk to members of the public, and, in particular, to victims. I am especially concerned that resentencing could result in dangerous IPP prisoners being released, without a licence period, into the community.

[Sir Nicholas Dakin]

I will very happily revisit the report as my right hon. Friend advises, but the reality is that we need to crack on with this. We need to get things to a better place as quickly as possible, and that means having the right support available to support each individual, to move them on their way. There may be a way of resentencing happening, but it is complicated and it has significant risk, which is why we are not going there. People released in those circumstances would not be subject to any licence conditions, including those that protect victims, for example by prohibiting contact with victims and enforcing exclusion zones. I do not accept that that is an acceptable position for victims.

On IPP offenders in the community, a resentencing exercise would also halt the risk management and support for these individuals, some of whom will be at the critical moment of having been recently released from custody. The Victims and Prisoners Act 2024 makes significant changes to the IPP licence period and allows for the termination of the IPP sentence in a safe, sustainable way, ensuring that the public and victims are best safeguarded. It is about balance, and I recognise that there are very strong arguments— and good arguments—for the balance to be elsewhere, but this is where the Government want to place the balance at the moment.

[Rachael Maskell]

The big issue, which I think all colleagues across the Chamber have been raising consistently in this debate, is people’s mental health. Continuous uncertainty will continue to mean people having very poor mental health, including self-harming and, tragically, losing their lives. Will the Minister ensure that he puts time frameworks around what he is talking about, so that people can start planning in their mind what their future looks like? At the moment, they are still looking down a very dark hole.

[Sir Nicholas Dakin]

Each IPP prisoner should know what they need to do in order to make progress through the system or towards the community, and each IPP prisoner should also know what the system should be doing to support them. That is the question, really, and I look towards friends and family because they are a massive resource in this respect. If individual IPP prisoners do not know what they should be doing in order to move on the journey towards release, or they do not know what the system should be doing to support them on the journey towards release, which includes support on mental health and other support of that kind, then there is an issue that we need to focus on and deal with. That is my answer to that point.

I will come on to the questions asked by the Opposition spokesperson, the right hon. Member for Melton and Syston, about what progress is being made on the action plan. I hope I have managed to cover off in my response the fact that the action plan is central and progressing in the way that we would wish. I have just mentioned mental health support. In relation to the licence breach, where the licence is still in force and victims become aware that an offender has breached a licence condition—for example, if they have entered an exclusion zone—they may report it to the police or their victim liaison officer. Where the licence is terminated, all licence conditions end, including exclusion zones.