Next Tuesday, 21st May, the House of Lords will vote on significant amendments to the Victims & Prisoners Bill, aimed at rectifying one of the most shocking injustices of the past half-century – Imprisonment for Public Protection (IPP) sentences.
BACKGROUND
IPP sentences were introduced in England and Wales by the New Labour government with the Criminal Justice Act 2003, as it sought to prove it was tough on law and order. They were put in place to detain indefinitely serious offenders who were perceived to be a risk to the public. However, they were also used against offenders who had committed low-level crimes.
Astonishingly, this sentence has led to some people spending 18 years in jail for trying to steal a coat or imprisoned for 11 years for stealing a mobile phone.
UNLAWFUL
In 2012, after widespread condemnation and a ruling by the European court of human rights that such sentences were, “arbitrary and therefore unlawful”, IPP terms were abolished by the Conservative government. But the measure was not retrospective, and as a result, thousands remain in prison.
Let’s not forget that over 90 people serving sentences under the discredited IPP regime have sadly taken their own lives whilst in prison.
In 2023 we saw the second year in a row of the highest number of self-inflicted deaths since the IPP sentence was introduced.
The former supreme court justice Lord Brown called IPP sentences: “the greatest single stain on the justice system”. When Rt Hon Michael Gove MP was justice secretary, he recommended, “executive clemency” for IPP prisoners who had served terms much longer than their tariffs. But he didn’t act on his own recommendation. Lord Blunkett, the Labour Home Secretary who introduced the sentences, regrets them, stating: “I got it wrong.” And more recently, Dr Alice Edwards, the UN rapporteur for torture has called IPP sentences an “egregious miscarriage of justice.” Even the Justice Secretary Rt Hon Alex Chalk KC MP has also called them a stain on the justice system, despite that, the Government has so far refused to implement the Justice Committees recommendation to re-sentence all prisoners subject to IPP sentences.
CAMPAIGN FOR SOCIAL JUSTICE
Campaign groups and their families have been fighting to end this tragic miscarriage of justice for more than a decade and a film posted online by social media sensation and campaigner Peter Stefanovic, a lawyer and CEO of CAMPAIGN FOR SOCIAL JUSTICE has ignited a wider public storm on this tragic miscarriage of justice and has been viewed a staggering 15 MILLION TIMES. It is not surprising that the public reaction to this film has been one of shock, outrage, and disbelief.
PUBLIC SUPPORT
Stefanovic said: “The public support for my film has been overwhelming and the comments it is getting are a testament to the public’s anger, outrage and disbelief at this tragic and monumental miscarriage of justice. Political leaders from both main parties must find the courage to step up and address the tragic injustice of indefinite jail terms”.
HOUSE OF LORDS DEBATE
His film was mentioned by Baroness Jones, Lord Moylan and Baroness Fox in the House of Lords debate on March 12. Furthermore, Baroness Fox also cited The Criminal Justice Blog.
HOPE FOR JUSTICE
The House of Lords is set to vote on a series of amendments to the government’s Victims and Prisoners Bill next Tuesday. These amendments are expected to challenge the government, with potential defeats on several fronts.
Of particular significance is the “Simon Brown Memorial Amendment,” named after the late former Supreme Court Justice who condemned IPP as the “greatest single stain on the British Justice system.” This amendment seeks to reverse the Parole Board release test burden, offering hope to IPP prisoners trapped in prolonged incarceration.
LABOUR FINDS IT’S COURAGE
Keir Starmer’s Labour Party has offered much needed hope to IPP prisoners trapped in the nightmare of prolonged incarceration and desperately needed hope for their families. In March 2024, Lord Ponsonby speaking for Labour said this in response to the important “Simon Brown Memorial Amendment”
“The noble Lord, Lord Moylan, in his amendment 161, is effectively reversing the burden of proof for IPP prisoners. He described it as a nudge to the Parole Board and discussed how significant that nudge would be, but it is a welcome nudge, non the less. It has the historic credentials of being supported originally by Lord Brown of Eaton-under-Haywood. It is a welcome amendment”
With Lord Ponsonby having confirmed Labour’s support for the all-important “Simon Brown Memorial Amendment,” which has given so much hope to those serving these sentences and their families. Campaign groups are now calling on the Lib Dems, Green Party, back benchers, Bishops and Tory rebels to join Labour in supporting it. The amendments will be voted on next Tuesday. Let’s hope they all step up and help bring to an end this injustice.
The Criminal Justice Blog 