In her first appearance before the Justice
Select Committee last month since taking over the role from Michael Gove in
July, Liz Truss Justice Secretary cast a
shadow of uncertainty over the government’s much heralded prison reform agenda.
She appeared to be unaware of many of the key issues facing her department and
her performance was later derided as “lacklustre” by parliamentary colleagues.
Labour MP for Cardiff Central and Shadow Justice Minister Jo Stevens was present
as the Justice Secretary was quizzed and described her performance as
“absolutely shambolic.”
Time for an honest conversation on prison
reform, says Shadow Justice Minister Jo Stevens. “There are too many people in
prison”
Stevens described the Justice Secretary Liz
Truss’s appearance in front of the Justice Select Committee when she was
questioned about the bill by Conservative MP Bob Neil as, “absolutely
shambolic.” Was it really that bad? “Yes,” she says without hesitation. “I
don’t want to be personal. But if you’ve taken on the brief, you’re the new
Justice Secretary, you’re up before the Justice Select Committee with a
Conservative chair, you certainly should be prepared. You should know your
brief. She had the whole summer to get to grips with it. It was just
excruciating I thought.”
So is it more the case then that the problem
was that Liz Truss just hadn’t quite got her head around the whole prison
reform agenda, including the bill that was initiated by her predecessor Michael
Gove?
“When Bob Neil asked her about the prison
reform bill, he was clearly taken aback by her response. I didn’t know if she
had just misheard the question, of if she just made a mistake. But we came out
of that hearing and we were no clearer about what it is that’s going to
happen.”
But Liz Truss did tell the Committee that she
had “plans.”
But Liz Truss did tell the Committee that she
had “plans.” Although she said she was “not committing” to specific legislation
as proposed by Michael Gove, she said her own plans, which she would be
announcing in the autumn, had to be, “deliverable.” “I am working on a delivery
plan at the moment which we do not currently have,” she told Neil.
Stevens smiles. “Oh there are plans. There
are lots of things she’s looking at. But in her evidence to the Committee when
she was asked about specific points, thirty nine times she said, ‘I’m looking
at that.’ There were no specific answers. And yet in the Queen’s speech the
prison reform bill was the flagship piece of legislation for this year. So it’s
really disappointing. I was very critical of Michael Gove in terms of delivery
but I do believe he was a reformist. He talked a good talk. But actually
nothing really happened. I hoped that Liz Truss would also be a reformist,
because I just think that for too long governments of all colours have treated
prison policy in isolation. For me, prison policy is an integral part of our
education policy, our health policy and all sorts of socio-economic factors.
Equalities – how black and ethnic minority people are disproportionately
represented in prison, how women prisoners are treated and the difference
between the approach in the justice system towards women and men. You have to
look at prison policy across the board.”
In fairness I point out, the changes Michael
Gove proposed were huge. The people who work and live in our prisons are
completely aware that the system has been a bloated, unwieldy entity for
several decades and to effect real change will take time. Gove was the first
senior politician for a long time who was prepared to stand up and say radical
change is needed. For many people the prison system in this country has been a
source of shame for too long. Was Stevens broadly in agreement with Gove? “I
was looking at it as a broader issue. We would need to see exactly what they
were going to do. So they’re building new prisons, they were going to sell off
some prison land, get rid of some aging prisons, but we still don’t have any
information on that. I mean these new reform prisons that are supposed to be
being built – well I mean these builders that are going to get them all built
by 2020, I’d quite like them to come around my house because I can’t get
builders to work that quickly.”
Were the government’s plans too ambitious
does she think? “I just think they are setting expectations that they are not
going to be able to deliver. But the whole reform agenda? Well regarding prison
governor autonomy – if you’ve got a really good prison governor in charge with
real leadership qualities, who is somebody that the whole team, the whole
prison respects – well that is key to a successful prison. But governors get
shunted around from prison to prison, there is little continuity. It’s no
coincidence that in the better performing private prison sector Directors stay
in post for a long time. They are able to establish that continuity and improve
standards. Whereas in the public sector which they then get compared to, it’s
not a level playing field.”
So what would she do if she were to become
Justice Secretary? “For me, you can talk all the reform you want, about the
structures and governors and what their powers are. But actually, until you get
enough prison staff and reduce the prisoner population so that you can create
stable regimes where people can access education and training and get a sense
of proper rehabilitation we’ll never resolve the problems that we’ve got.” So
if she was in power would she actually drive to reduce the prisoner population?
“Yes absolutely,” she says. “We’re responsible for much of the high numbers in
our prisons because of the numbers of criminal laws we’ve passed, which creates
more offences. And there is sentence creep as well. But if you look at our
prisoner population there are people in there who just shouldn’t be in. There
are far too many in there with mental health issues, who need treatment. There
are vulnerable women in for civil matters who have been led into crime when
they’ve been victims of crime. So I think we need to have an honest
conversation and be up front about the fact that there are too many people in
our prisons.”
Responding to this interview a Ministry of
Justice spokesperson said: “The government remains totally committed to
legislating on prison reform and will come forward with plans in due course. We
also remain committed to legislating on reform of our court system to provide a
better and more efficient service. Again, we will come forward with plans in
due course.”
One prisoner
quotes to inside times
You are Punished for using the complaints system
We, are told to use the complaints process, but we are not told of the backlash
when we do. I am a recall 2-strike lifer and I am in my parole window, but now
I’ve been shipped so far from my family by HMP Stoke Heath. I was misled by the
Security Department and threatened with nickings if I didn’t go, so I took it
on the chin and came here as I could not afford a nicking this close to my
parole hearing.
I have to say that Stoke Heath is no place
for black men, or even travellers, as it is a very racist jail. I was racially abused
in front of staff and nobody came to see me about it when I complained, it was
just brushed under the carpet. HMP Stoke Heath is, in my opinion and
experience, badly-run and needs to change before they have any more self-harm
or suicide attempts.
The IPP contradiction
I got 18 months IPP tariff, I’ve been in 11
years and one month and I’m classed as low risk of reconviction. I can’t lower
my risk any more as it only goes to low risk and my probation officer won’t
release me. As probation tell IPP prisoners, there could be new Intervention
Programmes come out in 10 years’ time, so IPPs get knocked back on parole as
guinea pigs.
IPP prisoners won’t get parole as the
Probation/Parole board won’t release us. And Probation say it is easier to
recall an IPP back to prison as they only have to do paper work once per year,
otherwise she needs to do paperwork every week if IPP is released.
IPPs can’t get employment because employers
say IPP prisoners are unreliable, [through] no fault of their own, because we
can be recalled for no reason, which makes the workforce go down. Unless IPP
sentenced prisoners are transferred to fixed term we are stuck.
The lower the IPP tariff, the less serious
the crime. So, you should scrap IPP sentences for any tariff of two years and
under, and give us fixed tariffs. And that leaves the serious offenders with
higher tariffs in the system.
We are sentenced for what we ‘might do’ along
with what we did. So in reality, everybody within the United Kingdom, civilians
etc. must be sent to prison as they ‘might’ commit a crime, otherwise it’s
contradictory to such a sentence.
IPPs can’t be released as risk is too high. A
contradiction has occurred again. Cat A prisoners are the most dangerous
prisoners in the UK, they present a serious risk to life and limb to all
members of society. But Cat A prisoners get released every day, without doing
interventions, as they have a release date.
Yet another contradiction, many normal
sentenced prisoners get released every day who have far more serious offences,
who pose a high risk or who have sex offences/convictions under their belts.
But they get a release date.
Also terrorists. They plan to kill millions
of people, but they get a release date only to do it again. I’m ex-military.
You cannot reform terrorists, their plan is to kill themselves and everybody
around them to become a martyr. But they get a release date.
When you look at it, IPP is a very low
category of offending, but we get punished for everybody else. Probation say,
because five people in our category (now IPP) re-offend, that will
automatically make [all] IPPs offend. This is not true.
More
pressure to release IPPs from former Justice Secretary Ken Clarke
More pressure has been put on the government
to address the problem of IPP prisoners after former Justice Secretary Ken
Clarke urged ministers to tackle the issue when it emerged that as many as
2,000 remain in London prisons.
Indeterminate Public Protection (IPP)
sentences were stopped by Mr Clarke four years ago but he said his reforms had
not gone far enough and called for those sentenced before 2012 to have their
IPPs removed retrospectively.
“Most lawyers regard IPPs as a stain on the
justice system, it is just a question of when some minister has the courage to
put up with the morning’s bad press”
Speaking on the BBC’s ‘Inside Out’ programme
he said; “Most lawyers regard IPPs as a stain on the justice system, it is just
a question of when some minister has the courage to put up with the morning’s
bad press. Getting rid of these IPPs was one of my top priorities. I favour
tough sentences for people who have been extremely violent but filling prisons
up with an enormous open-ended supply of people, sometimes with excessive
sentences for what they have actually done, is something I disapproved of.”
The Inside Out programme reported that a
severe lack of hearings, and of spaces on the offender behaviour courses IPP
prisoners must complete, means 2,000 out of 4,000 prisoners have still not been
assessed for release. It is estimated that the backlog will take up to seven
years to clear.
A Ministry of Justice spokesman said: “The
Chairman of the Parole Board has made a number of recommendations to improve
the parole system and reduce the backlog of IPP prisoners. We are considering
these proposals and will update on our plans in due course.”
Former
Justice Secretary Ken Clarke today urged ministers to tackle the issue of
prisoners serving indeterminate sentences, as it emerged that as many are 2,000
languish in London jails.
Indeterminate Public Protection (IPP)
sentences were banned by Mr Clarke four years ago but he said his reforms had
not gone far enough.
He called for those sentenced before 2012 to
have their IPPs removed retrospectively. “Most lawyers regard IPPs as a stain
on the justice system,” he told the BBC’s Inside Out programme.
“It is just a question of when some minister
has the courage to put up with the morning’s bad press.
“Getting rid of these IPPs was one of my top
priorities. I favour tough sentences for people who have been ex-tremely
violent but filling prisons up with an enormous open-ended supply of people,
sometimes with excessive sentences for what they have actually done, is
something I disapproved of.”
Before they can be released, those serving
IPP sentences must go before a parole board to prove they are no longer a risk
to the public.
However, Inside Out reports that a severe
lack of hearings, and of spaces on the offender behaviour courses IPP prisoners
must complete, means 2,000 out of 4,000 inmates have still not been assessed
for release. It is estimated that the backlog will take up to seven years to
clear.
Rapists, murderers and paedophiles were the
intended targets of IPPs, introduced by the Labour government in 2003. But some
convicted of less serious offences such as fighting and shoplifting have also
been imprisoned for public protection and never released.
A Ministry of Justice spokesman said: “The
Chairman of the Parole Board has made a number of recommendations to improve
the parole system and reduce the backlog of IPP prisoners. We are considering
these proposals and will update on our plans in due course.”
Inside Out, BBC1
The Parole
Board
has
experienced an increase in the demand for oral hearings since the Osborn, Booth
and Riley judgment handed down in 2013. This has resulted in delays for a
considerable number of prisoners waiting for an oral hearing date. The listing
prioritisation framework, which was developed to help us manage the increased
volume of cases, currently prioritises recalled determinate sentenced prisoners
above most other prisoners when allocating oral hearing dates each month.
Unfortunately, this has resulted in the majority of other prisoners
experiencing much longer delays before their oral hearing date is set. We
recognise that we need to change our current approach in order to ensure
fairness across the system.
To address this problem, we have developed 4
trials that we will be piloting from now until the end of March 2017:
1. We will work closer with PPCS to make more
effective use of the option of ‘executive release’. Eligible cases will be
considered for executive release at an earlier stage of the parole process,
before a case is directed to an oral hearing. We hope this will reduce the
number of cases waiting in the queue for an oral hearing date and allow
prisoners to be released more quickly.
2. We are extending the cut off point for
determinate cases with an upcoming Sentence Expiry Date (SED). We currently
conclude cases directed to oral hearing if the SED is within 12 weeks’ time of
the oral hearing directions. This is because there is insufficient time to
schedule an oral hearing before a prisoner will be automatically released. This
will now be extended to 24 weeks.
3. We will change the listing prioritisation
framework so that prisoners who have 12 months or less before their SED will no
longer be prioritised. This means most recall cases will no longer be listed
ahead of other sentence types, resulting in a fairer system. A full review of
the listings framework will take place by April 2017.
4. We are looking into the possibility of
using Ministry of Justice video link rooms across the UK to host hearings for
determinate sentence prisoners. Currently, we can only host video link hearings
at our London based office which limits our capacity. We hope that by creating
regional hubs across the UK, more cases can be heard more swiftly. This will
also hopefully ensure prisoners with determinate sentences will not be
disadvantaged by the above pilots.
We are taking a flexible approach to these
pilots and if any prisoners believes that they have exceptional circumstances
that warrant prioritisation of their case they can write to the Parole Board.
Such circumstances can include, but are not limited to, medical/mental health
issues and/or compassionate reasons for example.
If you believe you are affected by one of the
above pilots then we strongly recommend you seek guidance from a legal representative
or a member of prison staff.
Justice
Committee launch inquiry into prison reform – have your say
The House of Commons Justice Committee has
launched an inquiry into the Government programme of reforms to prisons on the
assumption that, as indicated by the new Justice Secretary, Elizabeth Truss,
there will be no substantial change to the programme of reforms including the £1.3bn
estate modernisation programme, the creation of reform prisons to give prison
governors greater autonomy, and the implementation of Dame Sally Coates’
education review. In doing so they are seeking the views of interested parties.
The Committee is asking for written evidence
on the following topics:
1. What should be the purpose(s) of prisons?
How should
the prison estate modernisation
programme and;
reform prisons proposals best fit these
purposes and deal most appropriately with those held?
What should be the roles, responsibilities
and accountabilities of
prison staff;
prison governors;
National Offender Management Service;
Ministry of Justice officials and Ministers
and;
other agencies and departments;
in creating a modern and effective prison
system?
2. What are the key opportunities and
challenges of the central components of prison reform so far announced by the
Government, and their development and implementation?
3. What can be learnt from existing or past
commissioning and procurement arrangements for i) private sector prisons and
ii) ancillary prison services which have been outsourced?
4. What principles should be followed in
constructing measures of performance for prisons?
5. What can be learnt from
other fields, notably health and education
and;
other jurisdictions about the creation of
prison trusts or foundations and related performance measures?
6. Are existing mechanisms for regulation and
independent scrutiny of prisons fit for purpose?
7. What are the implications for prison reform
of
the Transforming Rehabilitation programme
and;
devolution of criminal justice budgets now
and in the future?
The Committee will be grateful for
submissions in response to any or all of the topics above by 30 September 2016.
The Committee’s current plans are to conduct a series of sub-inquiries into
discrete aspects of prison reform as the Government’s programme develops, and
further calls for evidence which will provide an opportunity for more detailed
comment as appropriate.
If you would like to make your views on any
of the topics above known to the Committee please write to them at Justice
Committee, House of Commons, Westminster, London, SW1A 0AA. If you would like
fuller information and a copy of the guidelines then the Committee will be happy
to send these to you prior to you making your submission.
Please note that your submission should be
concise and to the point and the Committee are unable to intervene in
individual cases. Submissions are published but if you would like your name and
prison number, or your submission, to be kept confidential then you should
specify that clearly in your letter. Your correspondence with the Justice
Committee is not covered by Rule 39 and may be read by prisons.
So my brother has got his parole today in
which his inside parole officer and his solicitor are backing him for release
he has been in there 10 years and still not heard anything it's so frustratingWhy
have they deferred/adjourned it for six months?
Owen
I'm so sorry to hear this. A brave man told
me once that living with an ipp is like being buried alive and waiting for your
body to stop breathing. Sadly his died. He was over tarrif and to ill to do the
courses. Persecution is what you and your brother are suffering from. Keep
writing letters, everytime you do you make them pay for keeping him in there.
Pick them up on every point they make in their replies. Make it clear that your
right to a family life is being engaged because there is no end date. It's
agony behind a locked door every night but its also painful for all those
family members waiting for them to come out too. The justice secretary needs to
be reminded everyday or she will simply look the other way 
I got recalled after 8 weeks cuz I missed a
train bk to the hostel but shouldn't have been recalled but took me 6 months
for another oral hearing but got released bk to my mums but since then in last
5 yrs no hiccups
My
brothers on his tenth year of a 2nd half IPP rec that he got. It's sickening an
is only going to get worse.
Sorry to hear that. You're right - where has
justice gone? What do IPPs need to do to get out? It seems they can't win
whatever they do. xx
Ford
I think it suffers from the effects of eleven years' frustration, & he's
not a lawyer, so just speaking his truth as best he can
So my son's solicitor is no longer doing
prison law and has passed all his cases to someone else. ...his parole is in 3
weeks time and no one has been in touch with my son ....he is really struggling
now and after everyone had agreed he should be released. ..his probation
officers has now said he should do yet another course ...he's gutted and I'm worried
sick about him .... Thank you John Turner I just don't know what to do. ...I need someone
to help my son ...11 years now 18 month tariff. ...he can't do another
Tracey - sorry to hear this. I'm a specialist
prison lawyer with a particular interest in IPP parole. Let me know if I can be
of help
Abbott Omg this
is outrageous Tracey I hope and pray someone can help your son this is so
wrong. Xx
I'm shocked! Nothing surprises me anymore!..... Here's a little insight into how much probation give a shit about any of our loved ones!... Ring up this morning for one final beg for a manager to meet with me to discuss their wrong doings towards my partner.. I get hang on il put you on hold a sec... Puts me on hold.. Or so she thinks!!.. I can hear every bloody word!!
HMP WAYLAND Once again loool well I don't blame the prisoners they just need to be heard they are treated badly and I don't think they care about the prisoners they have had enough so what do they expect of them... Zing Yeah lack of release plan i have come across years ago, also probation officer changes near parole i have seen, because they are not familiar with the prisoner. I beleive they change probation bear parole on purpose not sure
Morning everyone,There are numerous campaigners out there all doing a fabulous job. But i just want to say a big thank you to Katherine Gleeson who has always been both realistic and relentless in her approach. Your awesome katherineThank you x
Jackie Szulimowski - HMP & YOI Low Newton -
IPP Sentence
I stood in the dock,
the judge said to me
“Eighteen months, with an IPP”
“Wow” I thought, that’s not a lot
But ten years later, still in jail I rot
Nine years over tariff
Ten months over parole
Still here I rot in this hell-hole
Victim awareness – DBT
Women and anger – LNV
Four long years on the DSPD
Now nine months on PIPE
I feel I’m stagnating
All courses completed
So why am I still waiting?
IPP sentence now abolished
But what about me
And the four to five thousand
Who long to be free?
Enough is enough
How much more can we take?
We’re only human
So please, give us a break
The IPP sentence
Was one big, big mistake
http://www.insidetime.org/shambolic/
http://www.insidetime.org/ipp-sentence/
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