Britain’s former top judge has warned ministers will have blood on their hands if they refuse to take action to help prisoners trapped on abolished indefinite jail terms.
Lord John Thomas, who served as head of the judiciary as Lord Chief Justice from 2013 to 2017, told the prisons minister the government is failing those still trapped under “simply unjust” Imprisonment for Public Protection (IPP) jail terms.
In a passionate speech in the House of Lords as peers debated a string of amendments to help IPP prisoners – which the government refused to support – he warned that more people would take their lives or die in prisons under the abolished jail terms. At least 94 prisoners have died by suicide after losing hope of getting out.
The Independent has repeatedly called for all IPP prisoners to have their sentences – which have been branded “psychological torture” by the UN – reviewed.
Lord Thomas said: “If we don’t act now, we will have, and I use this word deliberately, blood on our hands.
“We cannot shirk the responsibility for rectifying an injustice. And what an injustice this is.”
The open-ended jail terms were abolished in 2012, but not retrospectively. This has left thousands already sentenced incarcerated without a release date until they can convince the Parole Board they are safe to be released.
Victims of the scandal, whose tragic cases have been highlighted by The Independent, include: Leroy Douglas, who has served almost 20 years for robbing 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.
Lord Thomas, who called for IPP prisoners to be given a release date within two years at their next parole hearing in an amendment to the Sentencing Bill, told prisons minister Lord James Timpson that the government’s IPP Action Plan, designed to help prisoners progress to release, is a “failure”.
“It will not deliver justice in time, and we must do something different,” he said. At current rates, it will take at least a decade for the remaining 2,422 IPP prisoners to be freed, despite some having already served up to 22 times their original minimum tariff.
“The sentence is accepted to be wrong in principle by absolutely everyone,” he added.
“How can we as a nation continue to punish people under a sentence that is wrong in principle and rests on the fallacy of thinking you could predict human behaviour.
“There is no justification for continuing this sentence. It is simply unjust.”
Labour peer Lord Tony Woodley, whose amendment called for IPP prisoners to be resentenced or have their jail term replaced with a secure hospital order if they are severely mentally damaged by the sentence, said ministers are “defending the indefensible”.
He added: “It is simply wrong – a great injustice – that this poor mental health, in many cases caused directly by this long-discredited and abolished sentence, passed by this parliament, is being used to condemn anyone to indefinite, preventive detention.
“Stuck in prison where their mental health is just going to get worse – more suicides, more hopelessness.”
Lord Richard Keen of Elie, shadow justice minister, agreed IPP sentences are a “stain on our justice system”.
He said: “Under our system of criminal justice, we do not detain and imprison people because we perceive that they are probably or even certainly going to commit a crime at some indeterminate and uncertain point in the future, but my lords, that is essentially the basis upon which we detain IPP prisoners in custody after they have served the prison term of their original offense.”
However, Lord Timpson insisted the government would not consider any measures which would free prisoners who have failed to pass the Parole Board’s release test, adding: “We cannot take any steps that would put victims or the public at risk.”
The debate came after the prime minister faced demands to help an autistic man trapped for 18 years under an IPP sentence for stealing a car.
During Prime Minister’s Questions on Wednesday, Shipley MP Anna Dixon said: “This week, I met with constituents Mike and Sue. Their autistic son, Jimmy, was sent to prison as a young man.
“The judge recommended a sentence of two and a half years. Jimmy is now in his 40s and has been imprisoned for nearly 20 years on an IPP sentence.
“Jimmy’s doctors say he is safe and well for discharge. There is a supported living flat waiting for him.
“Will the prime minister help put an end to the injustices caused by IPP sentences and support Jimmy’s parents to get him home?”
In response, Sir Keir Starmer said: “It is a really shocking case. The justice secretary will look into this case and meet to discuss her concerns and see what more can be done.
“It is right that the IPP sentence has been abolished, and we’re committed to supporting the progression of all those who are serving such sentences.”
