IPP Sentences

Valerie Vaz Excerpts

Tuesday 29th October 2024 Westminster Hall

[Bambos Charalambous]

My hon. Friend is right. There is a special need for prisoners to receive support. Keeping IPP prisoners incarcerated for longer than they should be is adding further pressure on our already overcrowded prison population.

In a recent written response to a question from my hon. Friend the Member for Liverpool Riverside (Kim Johnson), the Minister confirmed that there are still five serving IPP prisoners who were given a minimum term of less than six months but have served more than 16 years. There are a further 15 with a tariff of between six months and a year who have not been released after 16 years. There are in a further 47 in the same position whose tariff was between a year and 18 months.

Among the 1,132 IPP prisoners who have never been released is one of my constituents. Ongoing legal proceedings preclude me from naming him, although I can say that in 2006 he was sentenced to serve a minimum of 10 years for robbery under an IPP plan but has now served 19 years. He is now 42 years old and has missed the funeral of his grandfather, along with countless other family occasions. That has had a serious impact on him and his family.

The psychological harm experienced by IPP prisoners and their families has been well documented by the British Psychological Society, which refers to the heightened risk of self-harm and suicide that IPP prisoners face as a result of their hopelessness and their perpetual state of anxiety at the prospect of additional years in prison. The deterioration of IPP prisoners’ mental health is illustrated by the Royal College of Psychiatrists case study in which a 17-year-old was given an IPP sentence for street robbery of trainers and given a one-year tariff but spent 10 years in prison, during which time he lost both his living relatives: his mother and grandmother. His mental health deteriorated so badly that he had to be transferred to a secure NHS mental hospital.

Having spoken to some of the family members of people currently serving IPP sentences—I met them at lunchtime today, and many are in the Public Gallery—I have heard at first hand about the impact that this unbearable situation has on family members, but the impact on IPP prisoners is far more profound. According to the United Group for Reform of IPP, or UNGRIPP, which is campaigning to bring about change to IPP sentences, 90 IPP prisoners have committed suicide since the sentences were introduced, with nine of those suicides occurring in 2023. Considering that the prison population last year was approximately 87,000 and IPP prisoners were only 3% of that total, it is staggering that IPP prisoners accounted for 10% of all self-inflicted deaths in prison in 2023.

One example is the tragic suicide of Scott Rider in 2022. In 2005, he had been sentenced to an IPP sentence, with a minimum tariff of 23 months. Seventeen years later, he was still in prison. He was one of the longest serving IPP prisoners at the time of his death. Following a three-day inquest into his death, the senior coroner for Milton Keynes, Tom Osborne, said in his regulation 28 report to prevent future deaths:

“On any consideration of the circumstances of Mr Rider’s death one has to conclude that his treatment was inhumane and indefensible and that if action is not taken to review all prisoners sentenced to IPP then there is a risk of further deaths occurring.”

He added:

“Mr Rider was one of many IPP prisoners struggling to progress”

and, at the time of his death, he had served 17.5 years and had

“given up all hope of release.”

The loss of hope of ever being released is certainly one of the big factors behind the high levels of suicide and self-harm among IPP prisoners. Even when IPP prisoners have been released on licence, the draconian licence conditions have led to prisoners being recalled for minor breaches of their licence, such as being late or missing an appointment. As I have mentioned, there are currently 1,602 IPP prisoners who have been released on licence but recalled.

I am sure that we all agree that the current situation cannot continue, so what is to be done? In September 2022, in its excellent report on IPP sentences, the Justice Committee, chaired by Sir Bob Neill, made several recommendations to remedy the damage done by the sentences. The three main recommendations can be summarised as follows. No. 1 involves a refreshed action plan for IPP sentences, better access to prison programmes to help IPP prisoners to progress and better support for prisoners who are suffering with their mental health because of these sentences. No. 2 involves better training for Parole Board members overseeing IPP prisoners’ parole hearings, more support for IPP prisoners in preparing for parole hearings, a reduction of the qualifying licence period and better support for prison leavers. No. 3 is resentencing. In paragraph 152 of its report, the Justice Committee said:

“Our primary recommendation is that the Government brings forward legislation to enable a resentencing exercise in relation to all IPP sentenced individuals…This is the only way to address the unique injustice caused by the IPP sentence and its subsequent administration, and to restore proportionality to the original sentences that were given.”

The Committee also noted that there is precedent for resentencing retrospectively, but that it would require primary legislation. Former Lord Chief Justice Lord Thomas emphasised his support for this approach.

I acknowledge the steps that this Government and the previous Government have taken to tackle some of the problems caused by the licence conditions of IPP sentences. Particularly of note is section 66 of the Victims and Prisoners Act 2024, which creates an automatic termination process for IPP licences in certain circumstances, starting from this Friday, 1 November. At lunchtime, I had the pleasure of meeting a former IPP prisoner who will benefit from this measure, which means that he will no longer be on an IPP licence and will be able to be at large freely. The Act also allows for reviews by the Parole Board in certain circumstances from 1 February 2025.

However, resentencing would be the most effective way to deal with the legacy of IPP sentences. I am aware that it is not without its problems, but it is the only just and fair way to deal with this appalling situation, which, if left unresolved, will lead to more IPP prisoners self-harming and taking their own lives.

Prior to this debate, some of the IPP reform campaigners met Lord Woodley to discuss his private Member’s Bill on resentencing IPP prisoners, which reflects the Justice Committee’s recommendations on the matter. I hope Ministers will meet Lord Woodley to discuss his proposals, because there needs to be a review of IPP sentences, and all options need to be considered.

Will my hon. Friend the Minister advise me on what steps the Government are taking to reduce the number of IPP prisoners in our prisons? What support mechanisms have been put in place to help IPP prisoners who are struggling with their mental health, including those who have been institutionalised, to help them overcome the barriers that may adversely affect their parole hearings and to prepare them for a return to life outside prison? Will the Government reconsider their position on resentencing IPP prisoners? At a stroke, that would rectify this injustice once and for all. Will the Government at least carry out a review to see what the barriers to resentencing are? That is the one thing that all commentators think needs to be done to resolve the injustice caused by IPP sentences.

I thank UNGRIPP, the Howard League—which runs an excellent advice line for family members of IPP prisoners —the Centre for Crime and Justice Studies, the Royal College of Psychiatrists and the British Psychological Society. I also thank the House of Commons Library for its excellent briefings ahead of the debate. Most important are the family and friends of IPP prisoners who are incarcerated and those who have endured IPP sentences. Finally, there are those who unfortunately bow to the pressure of hopelessness, as there is no end to their sentences in sight, and, sadly, end their lives in prison. I hope that change will come and that IPP sentences will finally be gotten rid of from our prisons and confined to the dustbin of history, where they belong.

[Valerie Vaz (in the Chair)]

I expect to call the Lib Dem spokesperson at 3.28 pm.

--- Later in debate ---

[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.

[Dr Danny Chambers (Winchester) (LD)]

Thank you for calling me to speak, Ms Vaz. I also thank the hon. Member for Southgate and Wood Green (Bambos Charalambous) for securing this debate on a hugely important subject. As the Liberal Democrat spokesperson for mental health, I will start with a story that illustrates the issues that many have been touching on about people not knowing when their release date is going to be and how it can affect mental health.

Many Members will have heard of Tommy Nicol. He is a tragic illustration of what can happen when the mental health needs of IPP prisoners go unmet. Tommy was sentenced to four years for robbery, but he served six years without hope of release. The Parole Board then recommended that Tommy complete a course of therapy, but there were no services available. When he subsequently moved prisons to access better services, he self-harmed and set fire to his cell. That then landed him in isolation, where he became psychotic and inflicted more self-harm. Just three days after being moved into isolation, he tragically took his own life.

Despite the clear warnings that Tommy was psychiatrically unwell, no mental health assessment was ever carried out and there was zero mental health support during his time in isolation. The consultant forensic psychiatrist who gave evidence at the inquest said that the IPP sentence had contributed to Tommy’s death, as he had completely lost hope. Tommy had made a complaint a few years previously that his lack of a certain release date was the

“psychological torture of a person who is doing 99 years”.

We know that individuals serving IPP sentences often end up extremely unwell, with high rates of suicide and self-harm. It is hard to imagine being locked behind bars for maybe 22 hours a day without hope of release. Most of us here seem to agree with Tommy that that amounts to psychological torture.

Today we are focusing on the critical issue of IPP sentences, but to understand the impact they are having, it is worth considering them in the broader context of the state of our prisons. HMP Winchester in my constituency serves as a stark example of the ongoing crisis. Just last week, it was placed under the urgent notification process following an inspection by HM inspectorate of prisons. The findings paint a troubled picture: the years of underinvestment have left lasting physical and psychological impacts on both prisoners and staff. Resources for rehabilitation and education are severely lacking. That only perpetuates the high reoffending rates, which are bad for the prisoners and costs taxpayers even more in the long run.

If rehabilitation is the fundamental purpose of prison, how can we expect individuals to reform when faced with conditions like those reported last week in HMP Winchester? Consider these distressing statistics: 47% of prisoners report easy access to drugs; 41% return positive results on random drug tests; many are sleeping in cramped and dirty cells; self-harm and suicide have become normalised and prisoners spend up to 21.5 hours each day confined to their cells, with only 2.5 hours outside. Those conditions, marked by violence, isolation and pervasive drug use, paint a bleak reality that makes rehabilitation nearly impossible.

Individuals serving IPP sentences are suffering immensely, with mental health issues running high and suicide and self-harm rates elevated. IPP prisoners are two and a half times more likely to self-harm than those serving other types of sentences, and we know that prisoners in general are more likely to self-harm than the general population. Despite that, the recent independent sentencing review excludes IPP sentences entirely. It is profoundly unjust that some individuals with lesser offences are stuck in IPP limbo, while others who committed more serious crimes are being released early under the Government’s current policy. Reforming IPP sentences could alleviate prison overcrowding, improve mental health outcomes and enhance safety, yet those reforms remain absent.

The Lib Dems urge the Government to establish an expert committee to advise on how we can swiftly resentence individuals still serving IPP terms. Addressing the crisis in our prisons, at HMP Winchester and all the others, is essential. We must right the wrongs of IPP sentencing. If our goal is rehabilitation, we should be providing the resources and the conditions necessary for these individuals to re-enter society as productive citizens, not leaving them scarred by indefinite incarceration.

The Secretary of State has assured us that the independent sentencing review imposes no constraints, and yet a glaring oversight persists: the exclusion of IPP sentences. Nearly 3,000 individuals remain incarcerated without a defined release date, some for lesser offences than those who have recently been released under the current policy. Reforming these sentences is not only a step towards justice, but a practical partial solution to overcrowding. As mental health spokesperson, I am particularly concerned about the deterioration of IPP prisoners’ mental health. As the hon. Member for Southgate and Wood Green mentioned, we are worried about how that may affect any subsequent parole hearings. We ask the Government why they have chosen to exclude IPP sentences from the review, and whether that that decision will be reconsidered.

[Valerie Vaz (in the Chair)]

I call the Opposition spokesperson.