Total Pageviews

Thursday 13 June 2019

IPP prisoners acquirIng mental health after serving mutabal sentences due to government failings


"We demand urgent action from government to ensure that their is no more deaths and to end the multiple deaths under IPP. 

Listen to the  IPP Sentences Debate Published on 11 Jun 2019 , Dhesi MP

https://www.youtube.com/watch?v=a0DgASfD2Tk  (IPP) sentences were banned in 2012. Yet over 2400 IPP prisoners remain in custody, despite ... The mental health burden that many IPP prisoners face, whilst remaining imprisoned indefinitely has resulted in an increased risk of feeling depressed and suicidal /death for prisoners. We need a criminal justice system that is proportionate, fair and rehabilitates. 

Mental Health Aggravated by failings in the criminal justice system


Wayne Bell story continued    in parliament

    

BRIEFING PAPER Number 6086, 6 June 2019 Sentences of Imprisonment for Public Protection
 ......................................................................




The story of  another young man recalled back to prison led to  tragic consequences the sentence does give us a very clear insight into the mental harm the IPP Sentence causes as Shane committed suicide two days before he was due to be released.


It was said he was worried that he would be recalled once again if probation   put in  a half way house in his release that would cause him to reoffered .

"Nick Armstrong, who represents the grieving family, told the hearing: "Shane was 19 when he went to prison for a sentence with a maximum term of 30 months. He was still in prison nine years later.

Shane was initially jailed for assault at the age of 19.Shane was given an sentence of  two and a half years before consideration for release. He was seriously over tariff causing him mental health  he was due to be released  two days before his death.  

"Inquest into death of HMP Nottingham inmate hears evidence from prison governor?

Who said at the time, he was under ' constant supervision? He say he tried to o win the trust of a troubled inmate in the days leading up to his death in a cell. At the time, he was under "constant supervision." He appeared depressed and withdrawn and he was not eating properly.

Assistant Coroner Ivan Cartwright, who is conducting the hearing in front of a jury, said:

"It sounds like absolute crisis point for Shane."governor Ms Searson-Smith replied: "I would agree."

She said that she worked hard to discover his problems and told the hearing: "I did think we had a bit of a rapport."




Shane problem was one of a group of  IPP prisoner over tariff he had  lost hope with the constant knock backs from parole that caused his mental health that not easy to discover. katherine gleeson

Mr Stroughton was in a single cell and had been under constant supervision for ten days.
He was not confined to the cell and climbed onto safety netting, which is installed to prevent inmates from falling from landings and getting hurt.

Ms Searson-Smith, who is a duty governor, was called and said: "He mouthed the word 'sorry,' showing he was engaging." After he came safely down, he was moved into a quiet area so he could have "a bit of dignity."

She said that Mr Stroughton wanted to be moved to Delta Wing where he had some friends and was still o supervision but "wanted to come off constant supervision. "Miss Searson-Smith said: "There were a lot of positives for Shane. He spoke very passionately about his mum.

He was found hanged in his cell . He was the first of five men of this group to be found dead in the prison within four weeks.


"The tragedy is that he was due to be released on , two days later. "The inquest continues.

I think its important to remember that although he was convicted of an  assault  he was still a teenager. who had served his sentence over and over until he got  absolute crisis .


Up date from the said staff https://www.nottinghampost.com/news/nottingham-news/inmate-found-dead-cell-hmp-2952418

.......................................................................


Tim Bowman received a 2 year IPP sentence in 2005 and released in July 2013


The effect of being over tariff was life changing along with a 10 year licence but despite this Tim  secured a job and accommodation  he finally building his life back up with his family and the community  .

But this all changed on the 10th of June 2019 when the  police arrived  at the home. Unknown to him  he was being recalled  back to the prison the place he was trapped in   so many years ago.
Probation reported poor behaviour in there notes. The family stated  he had done nothing wrong but complain to probation that they was  not supportive  and  had stooped him seeing his friends and playing football, preventing him enjoying activities he enjoyed that was import for his health.



 Mum Valery who is  81 years and father 82  both with have  health concerns  cant understand this sentence , they just came and took from  our home I'm concerned for him I don't know where they have taken him and how I will see him. He had a job you know what will happen know? We don't have  internet we have no news.


"When do you start sending people to prison for their behaviour rather than a crime!



Rehabilitation a prisoner

  1. the action of restoring someone to health or normal life through training and therapy after imprisonment, the action of restoring someone to former privileges or reputation. the action of restoring something that has been damaged to its former condition.



Recall is  one of the subjects at the meeting last year that the parole board said they would address? so we need to find out what has gone wrong . sending people to   prison because you don't like the way they behave is an abuse of the sentence.Non of us are perfect  are they  going to send every body .This case is   abuse and discriminative.



Probation officer have  realise that IPP prisoners are often  under considerable pressure on release with money issues, housing, job,  insurance, building relationships, and major restrictions and riles as well as the licence and likely hood of being recalled by anyone of the probation officers who never get to know a person. often suffering post traumatic  stress disorder than the general population,  anxiety is high  not knowing when they will be recalled  and with struggles there up against. support is lacking as is  even cancelling or rehabilitation. They don't need   go through any further trauma by being recalled . There bound to behave  differently day to day as any one would with trauma, those are  just mending and trying to cope with day to day challenges.I shall be keeping an eye on this case and expect to see this man released .

 katherine gleeson


............................................................................................


New Statesman
(IPP) sentences were ruled a violation of human rights


On Charlie’s Nokes 30th birthday she was given an IPP sentence and was due to serve 16 months at HMP Peterborough. Nine years later, in July 2016, she died in prison. Certainly not the type of crimes that would see her die in prison under a 99-year Indefinite Prison Sentence.  years since the IPP’s implementation, and five years since it was abolished, its creator Lord David Blunkett says he made a mistake. ““Guantanamo Bay? That’s possibly a bit far, but in terms of it being a festering injustice that has not been properly dealt with then, yes,” says Andrew Neilson of The Howard League for Penal Reform, the IPP sentence is “comparable”.


A life licence “horror story”


Even upon release, IPP prisoners must live under a ten-year life licence.


This requires a former prisoner to report to probation services at regular intervals for ten years. If a former prisoner does not attend for any reason, including, as Gleeson points out, problems with time-keeping due to learning difficulties, which approximately 80 per cent of the prison population are living with, they can be re-incarcerated.December 2015, after Kipp had been officially released from prison, that he experienced the real IPP “horror story”. He had a shouting match in the street with a neighbour and was immediately recalled to prison, even though he wasn’t guilty of an offence. He remembers: “Even the judge was saying this is absolutely ridiculous.” He blames the Parole Board for his unnecessary incarceration. Kipp was meant to have a hearing two weeks after he went to court, but no one notified him or his solicitor that it was happening. So that date passed and he was given another date in April, but a member of the Parole Board couldn’t make the hearing, for one reason or another – he wasn’t really told. “I was supposed to have another one in July and something else happened. In the end I got one in August,” Kipp says. Even though he was awarded £2,500 compensation from the Parole Board, he says: “That’s irrelevant, you can’t get back 11 months. For others there  10 years over tariff and more when recalled.


Howard League of Penal Reform’s , as they see more cases like Kipp’s occurring.


“We’re already aware of people under the licence being recalled to custody for things like missing appointments, not new crimes, but breaching administrative conditions,” says Nielson. He continues: “They haven’t committed murder or very violent crimes; some of the IPPs, as well documented, are people who were prosecuted for arson because they set fire to a bin. Should someone in that circumstance, never mind get an indeterminate sentence, have a life licence when they get released?” 


says Kipp. “People pick up the Inside Time [prison] magazine and just read horror stories, horror stories, horror stories and then after a bit of time… that’s you.” 


Family of Charlie


It’s something that bothers me and all of us really att just 37 years old, Charlie’s mental health was deemed so poor. The family believe she should not of been in prison. It’s something that bothers me and all of us really.”  “I'm unsure if she tried to kill herself. There were just prescribed drugs in her system, ” says Rachel, who is now waiting on further toxicology and mental health reports to see if her sister was on the correct types and doses of medication. Charlotte was still my sister, Mum and Dad’s daughter.

...........................................................................

Whilst serving a 15 month IPP sentence A Woman Died In Prison Six Years Beyond The Sentence For Her Crime. At HM Peterborough


Charlotte Nokes had serious mental health problems and died in Peterborough prison after being held more than six years beyond her sentence for her crime.


Charlotte "Charlie" Nokes died in Peterborough prison aged 38 . She had serious mental health problems and was serving IPP sentence .  15-month minimum custodial time for street robbery in January 2008, she was still in prison more than eight years later.
They also expect it to examine her mental health treatment, whether her cell observations were sufficient and the temperature in her cell.


Nokes' family was shocked to discover that, despite not earning enough to afford a lawyer, they do not qualify for legal aid to cover the work preparing for the inquest, because the means test is so stringent. The situation has forced them to crowdfund the cost of their lawyer preparing a case. They hope to be granted exceptional case funding to cover the inquest itself and plan to put in an application.

We are raising funds to pay for a legal team to represent us at my sister's inquest hearing in June 2019.


Nokes’ sister, Rachel Hammerton, said she had been attempting to prepare a case alone without a lawyer but was increasingly daunted at the prospect as more information came to light. She estimates that she and her husband, who both work, have a joint household income of around £38,000 and a house they own with a mortgage. The sums put them outside the bracket for means tested legal aid.


“You don't just have a spare ten grand sitting around. It would mean remortgaging my house which you don’t want to do with two children,” Hammerton said. “I’m cross that we have to do this. It shouldn’t be necessary, it should just be you get someone representing you because it happened under government care.


“The prison is going to have a whole legal team and the NHS is going to have a whole legal team. Can you imagine as a family going up against that? Isn’t an inquest meant to be getting to the truth? As a family we want some answers to explain why a 38-year-old died.”


The means test threshold for legal aid has not been updated since 2010 and is considered a factor in the rising number of people representing themselves in court because it does not reflect the current cost of living. As part of its review of Laspo, the MoJ has begun a review of the means test.


"Meanwhile the state agents will ultimately be paid by the taxpayer. families being in an unequal position when participating in the inquest.”


IPP was brought in by the 2005 Labour government as a way to extend the sentences of offenders guilty of serious sexual and violent crimes. In reality it was used much more widely by judges and after years of outcry it was abolished in 2012 by the Coalition. But there are still more than 2,400 people in prison on IPP sentences, having been handed them before the law changed in 2012.

Mulcair said: “This case raises important issues about sentence planning for those who remain on IPP sentences and the treatment of prisoners with severe and enduring mental health problems.

Charlotte had served more than 6 years over her tariff. In January 2015, the Parole Board

her mental health treatment It does not appear that this took place.
In addition to ascertaining Charlotte’s medical cause of death, it is understood that the issues to be investigated at the inquest include the treatment of Charlotte’s poor mental health, the sufficiency of Charlotte’s cell observations and the temperature of her cell. Charlotte’s family are particularly concerned about the potential impact on Charlotte’s




The inquest begins on the 18th of June at Huntingdon Coroners Court.
The charity Inquest, which is supporting Nokes’ family, is campaigning for legal aid for all families at inquests into state-related deaths, such as those in prison or police custody.

Charlotte Nokes as a teenager
A spokesperson for the charity said: “Inquests following state related deaths are intended to seek truth and expose unsafe practices. Charlie’s experiences in prison, including serving an IPP sentence so long over tariff, must be scrutinised.


""Without legal representation for bereaved families at inquests, the opportunity to expose any failures, and prevent ongoing harms for those in similar circumstances, is severely limited.""

“Bereaved families face a protracted and distressing application process for legal aid at a time when they are grieving, and many are forced to crowdfund. This is in contrast to the unlimited funds available to state agencies from the public purse.

INQUEST, alongside a range of supporters, are calling on the government to urgently introduce automatic non-means tested legal aid funding to bereaved families following a state-related death.”

A Ministry of Justice spokesperson said:we are making changes to ensure there’s more support for bereaved families and conducting a review of the means test.


Just  allowed to die in prison

Prisoners face a 'year-long' wait  to access secure beds in psychiatric hospitals, despite guidance stating they should be transferred within 14 days.

The long waiting times were exposed after a woman at a privately-run prison in Surrey self-harmed more than once a day for six months, but was not transferred to a hospital bed. Kirsty Walker, 26, later died in a local acute hospital after she was found unresponsive with a ligature round her neck at HMP Bronzefield in Surrey in 2015.
Anna Crawford, assistant coroner for Surrey, issued a prevention of future deaths report after hearing the average time for transfer to a secure hospital was two to three months at Bronzefield, which she said was comparable to other prisons. However, the inquest also heard that, in London, this wait was 10 to 12 months on average.
A 2009 review by Lord Bradley into the experience of people with mental health problems or learning disabilities in the criminal justice system recommended prisoners be transferred to a hospital within 14 days if they are assessed as being detainable under the Mental Health Act 1982. The government reiterated this 14-day timeline in good practice guidance in 2011.
Ms Crawford asked both health and social care secretary Matt Hancock and NHS England chief executive Simon Stevens to explain what actions they were going to take and set out a timescale for them. She expressed concerns the average transfer times were “well in excess” of the 14 days recommended and warned this presented a risk of future deaths.
NHS England medical director Stephen Powis responded, saying NHSE was reviewing the guidelines around transfer to provide more “clinically informed timescales”. Local systems are also becoming more responsive with budget management being devolved to low and medium security services, he said.
An NHS England spokesman said: “A number of pieces of work are being undertaken, including improved performance management and increased collection and analysis of data – alongside a demand and capacity review in relation to adult high, medium and low secure services.
“Those initiatives, when complete, should lead to improved access to adult secure beds and reductions in length of stay.”
In its response, the Department of Health and Social Care referenced the work NHS England was carrying out.
Ms Walker was serving a nine-month prison sentence for breaching an anti-social behaviour order at HMP Bronzefield, which is run by Sodexo Justice Services. She had previously been diagnosed with borderline personality disorder and had a history of self-harming. On 25 March 2015, the day after she entered prison, Ms Walker was managed under the prison’s suicide and self-harm prevention procedures. 
Between 25 March and 25 September 2015, Ms Walker self-harmed 235 times, with 215 of these incidences involving ligatures. On 25 September, she was found unresponsive in her cell and died two days later at nearby St Peter’s Hospital. An inquest jury concluded her death was accidental.
The prison contracted secondary mental health services to Central and North West London Foundation Trust. The trust, which was not criticised in the report, declined to comment. 
Around 1,000 English and Welsh prisoners are transferred to hospitals each year because they are experiencing severe mental health problems. Figures released by the Ministry of Justice in April 2019 showed in the 12 months to March 2019, 87 of the 317 deaths in prison were self-inflictedSource 2019 Coroner’s report



























House of commons Sentences of Imprisonment for Public Protection Published Thursday, June 6, 2019. The Coalition Government abolished the much criticised sentences of imprisonment for public protection (IPPs) in 2012. However, the change was not made retrospective, and around 2,400 prisoners were still serving IPPs in March 2019. There have been calls for change.
Mental anguish’ and wider problems with IPP sentences