The United Nations special rapporteur on torture, Dr. Alice Jill Edwards, has called on UK Prime Minister Sir Keir Starmer to review the cases of thousands of individuals currently serving indefinite prison sentences under the now-abolished Imprisonment for Public Protection (IPP) system. Dr. Edwards emphasized the urgent need to address the injustice faced by these individuals, describing the situation as a “terrible indictment” of the UK’s justice system.
Introduced in 2005 under Tony Blair’s government, IPP sentences were intended to allow courts to impose jail terms with a minimum length but no maximum time limit. However, concerns over human rights violations led to the abolition of IPP sentences in 2012. Despite this, as of June, approximately 2,734 individuals remain incarcerated under this abolished sentencing scheme, representing only a 6% decrease from the previous year. It is estimated that around 700 people have served at least 10 years beyond their minimum tariff.
The plight of these individuals trapped in a legal limbo has been brought to light through various cases, such as that of Thomas White, who tragically set himself on fire after serving over 12 years for stealing a mobile phone. Abdullahi Suleman has spent nearly 20 years behind bars for a laptop robbery, while Shaun Lloyd faces the prospect of returning to jail for the fourth time over a phone theft committed almost two decades ago. These stories underscore the devastating impact of indefinite imprisonment on individuals and their families.
Calls for Urgent Resentencing
Dr. Edwards stressed the need for an immediate resentencing exercise for IPP prisoners, particularly focusing on those convicted of less serious crimes. She emphasized that the continued detention of over 2,700 individuals under abolished IPP sentences is unacceptable and goes against the principles of justice and fairness. The prolonged incarceration of these individuals without a clear release date is a grave injustice that must be rectified without further delay.
The UN special rapporteur highlighted the unique position of Sir Keir Starmer, as a former director of public prosecutions, and Justice Secretary Shabana Mahmood, as a barrister, to understand and address the challenges faced by IPP prisoners. Dr. Edwards called on them to take urgent action to review and potentially resentence these individuals, providing them with a chance to seek rehabilitation and reintegrate into society.
Expert Committee Recommendation
Experts and rights groups have echoed the call for a comprehensive review of IPP cases, urging Sir Keir Starmer to establish a committee of experts to advise on the resentencing of all IPP prisoners. This recommendation aligns with the earlier proposal by MPs on the Commons justice committee in 2022, which was unfortunately disregarded by the previous government citing concerns over public safety.
The refusal to heed the committee’s recommendation has been criticized as “misleading” by Dr. Edwards, who emphasized that only a small fraction of released IPP prisoners had reoffended with serious crimes. The disproportionate impact of indefinite imprisonment on individuals’ mental and physical well-being, as well as the strain it places on their families, underscores the urgent need for a comprehensive review and potential resentencing of these individuals.
Human Rights Concerns and Rehabilitation
The prolonged detention of individuals under abolished IPP sentences raises serious human rights concerns, including the risk of physical and psychological harm, self-harm, and suicide attempts among inmates. Dr. Edwards emphasized the need for measures to address the distress and anxiety faced by IPP prisoners and their families, calling for a swift implementation of the Victims and Prisoners Act to provide support and rehabilitation services to these individuals.
Former Tory justice secretary Sir Robert Buckland acknowledged the challenges posed by IPP sentences but argued against full resentencing, citing the serious nature of the crimes for which many IPP prisoners were initially convicted. Instead, he proposed allocating resources towards rehabilitation programs that could lead to successful parole applications, thus ensuring public safety while supporting the reintegration of IPP prisoners into society.
In response to the calls for action, a Ministry of Justice spokesperson affirmed Ms. Mahmood’s commitment to working with organizations and campaign groups to address the issues faced by IPP prisoners. The government is considering the recommendations put forth by experts and rights groups, with a focus on ensuring the appropriate support and course of action for individuals still serving IPP sentences.
Conclusion
The review of indefinite prison sentences urged by the UN special rapporteur on torture highlights the pressing need to address the plight of thousands of individuals trapped in legal limbo under abolished IPP sentences. The call for an urgent resentencing exercise, coupled with the establishment of a committee of experts to advise on the process, underscores the importance of upholding justice and human rights for all individuals within the UK justice system.
As stakeholders and policymakers consider the best course of action to support IPP prisoners, it is essential to prioritize rehabilitation and reintegration efforts while ensuring public safety. By addressing the injustices faced by IPP prisoners and providing them with a pathway to rehabilitation and release, the UK can uphold its commitment to the rule of law and respect for human rights.
