Hope for end to ‘cruel experiment' of indefinite jail terms that have seen phone thieves trapped for up to 20 years
Desperate prisoners who have been trapped in jail for up to 20 years for minor offences such as stealing a mobile phone could finally get a release date under landmark new proposals.
Britain's leading justice experts have issued a string of recommendations to finally end the 'cruel experiment' of imprisonment for public protection (IPP) jail terms, which have left inmates languishing in prison for up to 22 times longer than their original sentence.
A panel led by Lord John Thomas, who was once Britain's most senior judge, convened by the Howard League for Penal Reform, will urge the government on Monday to take 'long overdue' action to restore hope to 2,614 inmates still trapped under the outlawed jail terms, which have been described as a 'monstrous blot' on our justice system.
IPP jail terms were abolished in 2012, but not retrospectively, leaving those already jailed incarcerated indefinitely.
Victims of the scandal, whose tragic cases have been highlighted by The Independent, include Leroy Douglas, who has served almost 20 years for stealing a mobile phone; Thomas White, 42, who set himself alight in his cell and has served 13 years for stealing a phone; and Abdullahi Suleman, 41, who is still inside 19 years after he was jailed for a laptop robbery.
Successive governments have refused justice committee recommendations to resentence them, despite recognising the jail term was a mistake.
At least 94 IPP prisoners have taken their lives in custody as they lost hope of being freed, with a further 37 self-inflicted deaths among those released but left living in fear of being hauled back to jail indefinitely for minor breaches of strict licence conditions.
On Monday, the expert panel will set out six recommendations to the Ministry of Justice to finally give those languishing in prison a release date and end the cycle of recall.
Lord Thomas told The Independent: 'We must not go on perpetuating this injustice.'
The proposals would see:
Every IPP prisoner given a release date at their next review by the Parole Board within a two-year window, with plans to prepare them to be safely freed
Decisions to recall IPP prisoners only made as a last resort, with independent scrutiny by a district judge or senior parole board member
Mental health aftercare support for every released IPP prisoner, in recognition of the harms caused by the sentence
The government has said ministers will 'carefully consider' the recommendations.
In the 25-page report, due to be presented at an event in parliament, Lord Thomas warns: 'It is long overdue for those whose lives continue to be blighted by this sentence to be released from its clutches.
'There are only two options given the government's rejection of resentencing: (1) do nothing new and let those subject to IPPs continue with the real risk that many will languish in prison until they die; or (2) adopt our proposals.
'Our proposals provide a route to ending this grave injustice while protecting the public.'
The member of the House of Lords, who served as lord chief justice from 2013 to 2017, believes the 'practical solutions' could be the last chance to help those on the jail term, which has been condemned as 'psychological torture' by the UN.
Despite agreeing that the sentences are a 'terrible stain', Labour's prisons minister James Timpson has repeatedly said the government will not resentence IPP prisoners because it would result in serious offenders being released automatically without licensed supervision. Instead, the government has urged prisoners to work towards release by the Parole Board through the refreshed IPP Action Plan.
However, Lord Thomas believes the measure is 'not enough' and it will leave some desperate inmates stuck in prison for the rest of their lives.
He said it is 'absolutely clear' that without action, many will resign themselves to lifelong institutionalisation or take their own lives.
Urging the state to take responsibility for its own mistakes, he insisted 'enough is enough', noting that if these prisoners had committed their crime a day after the sentence was abolished, they would have long been freed.
'It is time to address this problem in the way we have set out, which produces justice and minimises risk as much as possible,' added the judge, who last year backed The Independent's campaign to review IPP sentences.
Andrea Coomber KC, chief executive of the Howard League, described the jail term as a 'cruel experiment' that has been perpetrated upon these prisoners by accident.
Even the architect of the flawed 99-year sentence, Labour's former home secretary David Blunkett, has described it as the 'biggest regret' of his career.
'I spend a lot of time visiting people in prisons, I have met people who aren't engaged in IPP forums, who have given up hope,' Ms Coomber told The Independent.
'They have settled into the idea that they are going to die in prison. That is a monstrous blot on our justice system that people would feel that justice has let them down that much.'
By ensuring they would get a release date, those prisoners would re-engage with the Parole Board and the steps for their rehabilitation, she added.
'Fundamentally, it will be a way to restore hope to people who have lost all hope, while protecting the public,' she said.
It will also have the 'happy side effect' of freeing up a lot of prison places as the government grapples with an overcrowding crisis, she added.
In April, The Independent revealed that incarcerating IPP inmates cost taxpayers £145m in 2024, on top of an estimated £1.6bn spent since the sentence was abolished. Any cost to implementing the changes would be 'more than covered' by the savings of releasing them, the report said.
Other proposals from the panel, which also comprised a retired High Court judge and vice-chair of the Parole Board, leading forensic psychiatrists, clinical psychologists, legal experts and a former IPP prisoner, would see those handed indeterminate sentences when they were children (known as DPP jail terms) given a release date within one year of their parole review.
They have also called for an enhanced process for people to appeal their IPP sentence, the right for annual licence termination reviews in the community and the ability for IPP jail terms to become 'spent' after an appropriate period.
Currently, those who serve an IPP sentence must disclose information about their conviction for life, which can be 'hugely stigmatising' as they try to rebuild their lives and find work, Ms Coomber said.
Campaigner Shirley DeBono, whose son Shaun Lloyd has spent 14 years behind bars after multiple recalls for stealing a mobile phone in 2005, welcomed the proposed measures.
'I think it's a great idea. I urge Shabana Mahmood [justice secretary] and James Timpson to take the proposals on,' said the mother, who co-founded the IPP Committee in Action.
A spokesperson for the United Group for Reform of IPP (Ungripp) said that while it will always push for a full resentencing process, it supports the measures.
'We hope that the government will seriously consider these alternatives and give back some hope to those who are in prison either on recall or who have never been released,' they added.
A Ministry of Justice spokesperson said: 'It is right that IPP sentences were abolished, and we will carefully consider the recommendations in this report.
'We are determined to make progress towards safe and sustainable releases for those in prison, but not in any way that undermines public protection.'
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