Prisoners released on licence after serving time under an abolished and much-maligned indefinite sentencing scheme in England and Wales could have the period in which they can be recalled to prison halved under new rules.
The changes to the imprisonment for public protection (IPP) scheme would mean that IPP prisoners could in theory have their licence period in which they can be recalled terminated five years after release rather than the current 10 years.
The Howard League said it was “a positive step forward” but the government could go further and accept the recommendations of a justice select committee inquiry to remove the “stain” of IPP from the system.
The committee’s inquiry, published last year, called for the almost 3,000 IPP prisoners behind bars to be resentenced, but the government has rejected this.
IPPs were scrapped in 2012, and as of 30 June there were 2,909 IPP prisoners, more than half of whom – 1,597 – had been recalled to custody. The committee said there was a need to end the “recall merry-go-round” and recommended halving the time period after which the licence is reviewed. This was rejected by the then justice secretary, Dominic Raab, but his successor, Alex Chalk, is expected to accept the recommendation.
The planned change in the licence period was first reported in the Times and confirmed by a Ministry of Justice (MoJ) source. They reiterated that there would be no resentencing of prisoners, claiming it would undermine public safety “by releasing dangerous prisoners into our communities”.
IPPs were introduced in 2005 to indefinitely detain serious offenders who were perceived to be a risk to the public. However, the orders were used for a wide range of offences, with one defendant receiving an IPP sentence with a minimum term of just 28 days but extended indefinitely.
Another served 12 years after being imprisoned with a tariff of two years for stealing a bicycle. He was then moved to a mental health institution. Out of unreleased IPP prisoners, the majority (51%) have been held for at least 10 years beyond the end of their tariff.
Shirley Debono, the founder of the campaign group IPP Committee in Action, said that while in theory the planned change was positive, the proof would be in the pudding as many had had the termination of their licence refused even after the current 10-year qualifying period.
She said: “The resentencing part of the recommendations by the justice select committee is the only thing that is going to put this wrong right at the end of the day and I just feel like they’re tinkering around the edges. They need to resentence them, it’s the only thing that’s going to fix it.”
David Blunkett, the Labour home secretary who introduced IPPs, has admitted “I got it wrong”, while the late supreme court justice Lord Brown called IPP sentences “the greatest single stain on the justice system”.
The justice select committee called them “irredeemably flawed” and said they had contributed to feelings of hopelessness and despair, resulting in high levels of self-harm and some suicides among prisoners.
A Ministry of Justice spokesperson said: “We have already reduced the number of IPP prisoners by three-quarters since 2012 and are providing further support to help those still in custody progress towards release. We are carefully considering what additional measures might be put in place.”