Government introduces amendments for IPP prisoners to the Victims and Prisoners Bill
The government has today tabled a series of important amendments to the Victims and Prisoners Bill. The amendments would make it easier to release people serving an IPP sentence who have been recalled; and enhance scrutiny of government efforts to support people who have never been released, and the termination of licence conditions.
Prisons minister Edward Argar MP has also written to the Prison Reform Trust explaining the purpose behind the amendments on IPPs, and other government amendments to Part IV of the Victims and Prisoners Bill.
What is the IPP sentence?
The IPP was intended for people considered dangerous but whose offence did not merit a life sentence. However, it became increasingly clear that the sentence was having severe and unforeseen consequence, with people being held in prison many years beyond their minimum term.
Whilst the sentence was eventually abolished in 2012, this was not retrospective, meaning that today thousands of people remain in prison yet to be released. Those in the community remain subject to a potentially indefinite period of supervision with the risk of recall to custody if the conditions of their licence are breached.
The new amendments will introduce:
- A new power of executive release of recalled IPP prisoner.
- A new power for the government to dismiss an IPP recall for the purposes of the new arrangements introduced by clause 48 for the termination of an IPP licence.
- A requirement for the government to produce an annual report to be laid before Parliament on the steps it has taken to progress the release and licence termination of people on IPPs.
The amendments reflect recommendations made by an influential coalition of mental health, human rights and criminal justice bodies led by the Prison Reform Trust calling for reform of the IPP sentence. They also reflect amendments tabled in earlier stages of the bill by a distinguished cross-party coalition of peers led by Lord Blunkett and Lord Moylan.
The bill also introduces in clause 48 important changes to the process for the review and termination of an IPP licence.
Clause 48 is in line with in line with recommendations made in our 2020 research report on IPP recalls.
While the government amendments are welcome, they do not go far enough to address what has been described by the former Supreme Court Justice Lord Brown as “the greatest stain on the stain on the justice system”.
In particular, much more can and should be done to provide better support to and progress the release of 1,200 IPP prisoners who have never been released and remain stuck in the system.
The fight for justice continues. We will use the remaining stages of the bill to work with others and argue for further reform, continuing to make the case for change with this government and the next.
It is important to note that none of these proposed changes in the bill have yet become law. The bill will need to be passed and by both Houses of Parliament and receive Royal Assent before it can come into force.
Mark Day, Deputy Director of the Prison Reform Trust said:
“These important government amendments will make it easier to release people on IPPs who have been recalled as well as enhance parliamentary scrutiny and oversight of government efforts to enhance the progression, release and licence termination of people on IPP sentences. They add to the welcome proposals in the victims and prisoners bill to improve the process for the review and termination of an IPP licence.
“The remaining stages of the bill provide an opportunity for the government to be bolder still. In particular, much more could be done to provide support for and enhance the progression and release of 1,200 people on IPPs who remain stuck in the system. Ministers have tentatively grasped the nettle of reform. It’s time now to pull it from the roots.”
