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Peers call on panel of judges to reconsider plight of every inmate languishing behind bars indefinite imprisonment.
Edward Garnier KC, a former solicitor-general in the Conservative government, has proposed setting up a panel of experts to review the cases of every prisoner still serving time in abolitionist prisons. Jailed to protect the public (IPP) Imprisonment.
he told independent Too many IPP prisoners “are now victims of state action, or lack thereof”, as he urged the government to “fix this broken system”.
In proposed amendments to the Sentencing Bill, he called for a debate in the House of Lords during the new year’s reporting period. minister of justice Appoint 12 current or former Crown Court judges.
A judge will then review each case – taking into account the prisoner’s offending, how long they have served, their risk to the public and what support they need in the community – and decide whether they should be locked up. Published with permission.
However, the justice minister will have the power to refuse to release a prisoner if they disagree with the panel’s decision to release the prisoner.
Judges also consider whether inmates should be transferred to a hospital for treatment if they suffer from a mental disorder or pose a risk to the public or themselves upon release.
Another amendment proposed by former UK top judge John Thomas would require IPP prisoners to be given a release date within two years of their next parole hearing.
The proposals come after repeated refusals by the government to express dissatisfaction with the nearly 2,500 prisoners still incarcerated by the IPP.
Open sentencing was abolished in 2012, but not retrospectively. This leaves thousands of people who have been sentenced without a set release date until they can convince parole boards they can safely be released.
Tragic cases of scandal victims highlighted independent include Leroy DouglasSentenced to nearly 20 years in prison for stealing mobile phones; thomas whiteAged 42, who set himself on fire in his cell and was jailed for 13 years for stealing a mobile phone; and Abdullah SuleimanThe 41-year-old is still behind bars after serving 19 years for a laptop robbery.
independent I have called on everyone many times IPP prisoners Get their sentences – which are already stamped “Psychological torture” at the United Nations – Reviewed.
However, the government insists it will not consider any steps to release prisoners who fail parole board release tests or compromise public protection. Neither amendment is likely to succeed without government support.
Lord Garnier said the government was “fearful” that an IPP convict would commit serious crimes if released but lacked the “sense of purpose” needed to complete the work started when the sentence was abolished in 2012.
He added: “The amendments proposed by Lord Thomas and I are designed to get the government to think in a progressive, creative and humane way and improve the internal management of the licensing and hosting systems associated with independent power producers.”
“Too many defendants were recalled for trivial reasons, institutionalized by the state, and now become victims of state action, or lack thereof.
“If they cannot be released, it may be because the state makes them so, not because they are the same dangerous criminals they were when they were sentenced years ago.”
During a heated debate on the Sentencing Bill committee stage earlier this month, Lord Thomas warned the government would have blood on its hands if it did not act to help IPP prisoners. At least 94 prisoners have committed suicide after losing hope of being released from prison.
Lord Thomas said: “If we don’t act now, and I use that word deliberately, we will have blood on our hands.
“We cannot shirk our responsibility to correct an injustice. What an injustice it is.”
Labor peer Tony Woodley, who backed Lord Garnier’s bill and has repeatedly called for a retrial for IPP prisoners, said ministers were “defending the indefensible”.
An inquiry this month concluded that IPP incarceration was the most important factor in suicide. Taylor AtkinsonThe 50-year-old took his own life after telling his partner “my only way out is in a body bag”.
Prisons Minister James Timpson also proposed an amendment that would allow released IPP prisoners to apply to have their license terminated after two years in the community, shortening their license period from three years.
However, campaigners from the United Group for Reform of IPP (UNGRIPP) said the government was taking too long to make changes at the “margins” of sentences without giving prisoners a release date.
They believe Lord Garnier and Lord Thomas’ proposals, if supported by the government, could “end the cycle of despair and injustice that has plagued thousands of families for almost two decades”.
A spokesman added: “For too long the government has been tinkering around the edges of the verdict, which it acknowledges is a ‘stain’ on our justice system, without getting to the heart of the matter – the uncertainty.”
“This verdict has resulted in too many lives lost to suicide and we fear many more will be lost if we continue on the same path; we urge the government to stop hiding behind the politics of fear and finally root out this injustice at its root by supporting a verdict that truly ends the IPP.
“Families cannot afford to wait another decade for ‘action plans’ that fail to deliver the one thing they need: a date that brings hope.”
A spokesman for the Ministry of Justice said: “Abolition of independent prison sentences is the right thing to do and we will continue to provide extra support to prisoners serving their sentences.”
“Every IPP prisoner is entitled to a parole review at least every two years and no one will be sent to prison unless the Independent Parole Board decides they still pose a serious risk.”