“I am stuck in prison with no way out”: The institutional harm of IPP sentences
This is a blog by our Communications and Campaigns Manager, Keeva Baxter.
What are IPP sentences and what damage are they causing?
In 2005, the Labour Government introduced the ‘Imprisonment for Public Protection’ sentence as part of their tough on crime approach. Under an IPP sentence, prisoners had no set date for their release. Instead, they were given a minimum term to serve, and even after completing this term, they remained imprisoned until they could prove they were no longer a threat to the public. Once released, they remained on indeterminate licence, meaning they could be recalled back to prison at any time for a breach of licence conditions. It soon became apparent that this sentence was having unintended consequences, and many people were unjustly imprisoned far beyond their minimum term.
In 2012, the European Court of Human Rights declared that the IPP sentencing process was in breach of the right to liberty under Article 5 of the European Convention of Human Rights. While this abolished the use of the IPP sentence, it crucially did not apply retrospectively. This means that all those who had already been sentenced under an IPP sentence were not released or resentenced, and many still remain in prison.
As of the 30th of June 2024, there were 1,132 IPP prisoners who had never been released from prison. This statistic does not include all those who were released but have since been recalled back to prison, another 1,602. Ministry of Justice statistics show that “around two-thirds of the ‘unreleased’ IPP prisoners who have served their minimum tariff period have been held for at least ten years beyond the end of their tariff.”
Stories of IPP prisoners are harrowing, including one person who has served “16 years in jail on a three-year IPP tariff for stealing a flower pot at the age of 17” and another who served 11.5 years on a 15 month tariff, resulting in her taking her own life. As one prisoner aptly wrote in a letter from HMP Parc, “I am stuck in prison with no way out.”
According to the IPP Committee in Action, 90 IPP prisoners have taken their own lives in custody, and another 31 in the community “because they could not live with the uncertainty of never knowing if or when they would ever be released or free from the IPP”.
What is happening now?
On Wednesday, 4th September, Lord Woodley presented a Private Members’ Bill ‘Imprisonment for Public Protection (Resentencing)’ into the House of Lords. Should it be passed, the bill would ensure that all prisoners remaining in custody under an IPP sentence are resentenced or released, ending a 20-year battle to abolish this unjust sentencing practice for all those affected.
Why me? hope to see the retrospective abolition of IPP sentences, ensuring that those who have become stuck in their sentence are resentenced or released. However, even if this does happen, will those prisoners feel that justice has been served? For many, the enormously disproportionate sentences they have served – that have since been deemed a violation of human rights – will impact the rest of their lives. This institutional harm won’t go away, and the chance to have their say about the impact of the sentence could be crucial in their journey to recovery.
So, could Restorative Justice be used to repair some of the harm caused by these unjust sentences? One IPP prisoner said, “One day I’d like to tell my side of the story, but not right now, when my freedom is at stake.” The first priority is to fill the gaps that have allowed so many people to fall through the net and be left in prison without an end in sight. But, after this has been done, and people serving an IPP sentence have been resentenced or released, they may want to share their experience and the impact it has had on their lives. A restorative process, involving people who served IPP sentences and a representative of the Criminal Justice System that harmed them, could be transformative on both an individual and institutional level.
As a restorative community, we need to come together and consider how we can best support people who have served IPP sentences and, when they are ready, allow them to consider whether Restorative Justice could play a part in their healing. It is crucial that our focus is on what the people most affected need. By listening, and giving a platform for them to have their say, we may move one step closer towards supporting them to heal.
Update: On 5 September, the Lord Chancellor announced when changes to the IPP licence period in the Victims and Prisoners Act 2024 will come into effect. For more information, click here.
