The public are beginning to
understand that root cause of the IPP sentence as its consequences.
The early part of the sentencing regime were individuals that was
not assessed before being labelled as risk, those with Autism,
Severe Learning differences, Personality Disorders ADHD and Mental Health the
initial legislation dictating that certain crimes demanded an IPP sentence, the
judges did not have discretion over the idea and thus was born the
problem.
Never ending story and the
unintended consequences.
Judges both here in the UK and at Strasbourg in the European Court of Human Rights have determined that IPP sentences at a certain point are unethical.
Judges both here in the UK and at Strasbourg in the European Court of Human Rights have determined that IPP sentences at a certain point are unethical.
The message is that the
continued detention of persons under the IPP is a convention of human rights.
It is quite clear that the justification the government is making not to alter
the status quo is that the parole board is hearing the cases but the IPP
sentences were handed down with the "hope" that the system would
manage the rehabilitation of the individual. We know that idea was completely
miss founded. In fact, the opposite has happened to many who remain in the
system struggling to prove the impossible though they had finished their
sentence. It does not change the fact when a person is in jail for on an IPP
they are serving a life sentence for crimes they that do not currently attract
life sentence.
Those sentenced to an IPP have been physically
and mentally abused, numbers arbitrarily moved to worse circumstances just when
things were looking hopeful. The small financial compensation paid in some
cases does not do make up for this. Reports of more delay will the government
be ever held accountable.
Government was aware that
this Sentence was causing mental health from 2006. Families post and
present have been writing in the thousands to the Ministers reporting self-harm,
MPs, Lords, Bishops, Media and Social media. Parole Board alone received 38.000
signatures and hundreds of letters from parents and prisoners with major
concerns, but the government stay silent? Families are left Shocked and
Angered by the deaths of their love ones. There continue to IPP deferrals and
delays though some are over their sentence by 12 years. The sentence requires serious
attention as does the continued longstanding deferrals and delays of
those. Scant responses from Moj via the media need to be facts
- INQUEST has been working with the family of Tommy Nicol since his death. The family is represented by INQUEST Lawyers Group members Claire Brigham of Hodge Jones and Allen solicitors, and Kirsten Sjovoll of Matrix Chambers.
Other deaths of people on IPP sentences include:
- Steven Trudghill, 23, who died at HMP Highpoint on 9 January 2014. The coroner at the conclusion of the inquest wrote a Prevention of Future Deaths report addressed to the Ministry of Justice, which raised concerns about other prisoners on IPP sentences who were
at continued risk. He said, it is the “case that there are complex mental health needs which might actually be the reason for the continuing risk that keeps them in custody, as with Steven, yet the specific treatments are not available within the prison system”. - Charlotte ‘Charlie’ Nokes, who was 38 when she died at HMP Peterborough on 23, 2016. The inquest into her death is yet to take place. Charlotte’s family spoke to the BBC about her life.
- Steven Trudghill, 23, who died at HMP Highpoint on 9 January 2014. The coroner at the conclusion of the inquest wrote a Prevention of Future Deaths report addressed to the Ministry of Justice, which raised concerns about other prisoners on IPP sentences who were
Charlotte Nokes was 38 when she died at HMP Peterborough, a
private prison run by Sodexo. On 23 July 2016 she was found unresponsive in her
cell and was pronounced dead at 8.55am. The inquest into her death opens on
Monday 14 October at Huntingdon Law Courts.
Huntingdon Town Hall, 53 High St, Huntingdon PE29 3AE*
Opens 14 October 2019, expected to last one week
Despite being sentenced to a
minimum term of 15 months, Charlotte had been in prison for over eight
and a half years at the time of her death on an (IPP sentence) . IPP sentences were abolished by
the Government in 2012 for new prisoners but remain in place for those
sentenced prior to this date. Her family say she felt she would never be
released from prison and she described the IPP sentence as a death
sentence. It is understood that Charlotte is the first person to have
died in a women’s prison whilst serving an IPP sentence.
Charlotte was born in Hayling Island in Hampshire. Known to her family as Charlie or Lottie, they described her as funny, intelligent, charismatic and creative. Charlotte was also an incredibly talented artist. Her artwork was supported by charities such as the Michael Varah Memorial Fund and the charity Women in Prison. Her art was exhibited by the Koestler Trust, a charity which helps people who have spent time in prison, immigration detention and mental health settings to express themselves creatively. Charlotte’s dream was to live in London and study art.
Charlotte had mental and physical health diagnoses including Borderline Personality Disorder and Premenstrual Dysphoric Disorder (PMDD, a severe form of premenstrual syndrome). In the months leading up to her death, Charlotte was prescribed heavy doses of medication to treat her mental and physical health that often left her appearing heavily sedated. She was under suicide and self-harm monitoring procedures (known as ACCT) at the time of her death.
Her family hope the inquest will explore the following issues:
- the cause of Charlotte’s death;
- the treatment of Charlotte’s mental health in HMP Peterborough, including the monitoring of the impact of the drugs she was prescribed on her physical health;
- the use of segregation in HMP Peterborough;
- Charlotte’s cell observations on 22-23 July 2016;
- the temperature of Charlotte’s cell on 22-23 July 2016.
*UPDATE on 14 October: the inquest has now been adjourned. Expected to resume in February 2019.
Charlotte’s family are still crowdfunding for the preparation costs of her inquest. You can donate to the fundraising page here.
NOTES TO EDITORS
NOTES TO EDITORS
*Please note change of venue from Huntingdon Law Courts
For further information, interview requests and to note your
interest, please contact INQUEST Communications Team: 020 7263 1111 or lucymckay@inquest.org.uk; sarahuncles@inquest.org.uk
Charlotte’s family are represented by INQUEST Lawyers Group members Tara Mulcair and Harriet Wistrich of Birnberg Peirce and Stephen Clark of Garden Court Chambers. The INQUEST caseworker is Selen Cavcav.
The other Interested Persons represented at the inquest are Sodexo Justice Services, Cambridgeshire and Peterborough NHS Foundation Trust and the prison GP.
Other deaths of people on IPP sentences include:
Charlotte’s family are represented by INQUEST Lawyers Group members Tara Mulcair and Harriet Wistrich of Birnberg Peirce and Stephen Clark of Garden Court Chambers. The INQUEST caseworker is Selen Cavcav.
The other Interested Persons represented at the inquest are Sodexo Justice Services, Cambridgeshire and Peterborough NHS Foundation Trust and the prison GP.
Other deaths of people on IPP sentences include:
- Steven Trudghill, 23, who died at HMP Highpoint on 9 January 2014. The coroner at the conclusion of the inquest wrote a Prevention of Future Deaths report addressed to the Ministry of Justice, which raised concerns about other prisoners on IPP sentences who were at continued risk. He said, it is the “case that there are complex mental health needs which might actually be the reason for the continuing risk that keeps them in custody, as with Steven, yet the specific treatments are not available within the prison system”.
- Tommy Nicol, 37, was found with a ligature in his cell at HMP The Mount and died four days later in hospital in September 2015. Tommy made a complaint to the prison six months prior, in which he described his inability to progress in his IPP sentence towards release as “psychological torture”. Media Release.
Since Charlotte’s death in July 2016, there have been four further deaths in Peterborough (women’s) prison, of which one was self-inflicted, one is awaiting classification and two were non-self-inflicted.
- Annabella Landsberg, 45, died at HMP Peterborough in September 2017. Her death was non self-inflicted and the jury found failings on the part of the prison, healthcare staff, GPs and custody officers contributed to her death. Media Release.
IPP sentences
- IPP sentences came into use on 4 April 2005, as part of section 225 of the Criminal Justice Act 2003, introduced by then Home Secretary, David Blunkett.
- In 2007 the Queen's Bench Division of the High Court ruled that the continued incarceration of prisoners serving IPPs after tariff expiry where the prisons lack the facilities and courses required to assess their suitability for release was unlawful.
- In 2010 a joint report by the chief inspectors of prisons and probation concluded that IPP sentences were unsustainable for prisons in the UK.
- On 3 December 2012 the IPP sentence for new cases was abolished by the Legal Aid, Sentencing and Punishment of Offenders Act.
- In November 2016 HM Inspectorate of Prisons completed a review of the ongoing challenges of managing and progressing the large number of prisoners still serving IPP sentences. They found IPP prisoners fell into three broad categories:
- those who had not reduced their risk and remained dangerous,
- those who could reduce their risk if the support provided by the system was delivered more efficiently,
- those who might be deemed ready for release if delays and inefficiencies in the offender management and parole processes were resolved.
- The Parole Board noted in October 2017 that more than half of those released had being sent back to jail for breaching licence conditions. There were suggestions in the 2016 HMIP review (above) that this could be linked to a lack of access for people on IPP sentences to temporary release (ROTL) to prepare for leaving prison.
- For more information see Parliamentary Briefing Paper [PDF] on Sentences of Imprisonment for Public Protection, October 2017.
- On 20 July 2018, the Parole Board reported that around 2,800 people remain in prison on an IPP sentence. People on IPP sentences also have particularly high rates of being recalled to prison, according to reports.
The family say “I’m to blame”: Blunkett’s indefinite prison sentences and the thousands still locked up without hope
https://www.newstatesman.com/politics/uk/2017/08/im-blame-blunketts-indefinite-prison-sentences-and-thousands-still-locked
.................................................................................................................
Prison safety stats
Published last Thursday 31 October may for predictably grim reading.
Despite the fact that figures have been worsening every quarter for the last five years, the new bulletin, which covers deaths in prison custody for the year to September 2019 and assaults and self-harm for the 12 months to June this year, once again shows unprecedented levels of self-harm and assaults.
Deaths
In the 12 months to September 2019, there were 308 deaths in prison custody (a rate of 3.7 per 1,000 prisoners), a slight decrease from 325 deaths in the previous 12 months (a rate of 3.9 per 1,000 prisoners). The most recent quarter saw the number of deaths increase to 76, up from 73 in the three months to June 2019. Quarterly death figures should be considered with caution due to greater volatility and the potential for seasonal effects.
Tragically, there were 90 apparent self-inflicted deaths in the 12 months to September 2019 (a rate of 1.1 per 1,000 prisoners), there were 89 in the previous 12 months, and 158 deaths due to natural causes (a rate of 1.9 per 1,000 prisoners), a 9% decrease from 173 deaths the previous 12 months.
Self-harm
In the 12 months to June 2019, there were 60,594 reported incidents of self-harm (a rate of 732 per 1,000 prisoners), up 22% from the previous 12 months. On a quarterly basis, the number of incidents in the three months to June 2019 increased to 16,342 (up 13% on the previous quarter), a record high number of quarterly incidents.
The number of individuals self-harming increased by 5% in the latest 12 months, to the highest recorded figure of 12,740 individuals (a rate of 154 individuals per 1,000 prisoners). The number of incidents per self-harming individual increased by 17%, from 4.1 in the previous 12 months to 4.8 in the latest 12 months, although a small number of prolific self-harmers have a disproportionate impact on this figure. The majority of those who self-harm in prison do so only once. Additional detail on this can be found in the annual self-harm tables.
The number of self-harm incidents requiring hospital attendance increased by 7% to 3,388 in the 12 months to June 2019, and increased by 24% in the latest quarter (964 incidents). The proportion of incidents that required hospital attendance decreased in the previous 12 months, from 6.4% to 5.6%.
Assaults
In the 12 months to June 2019, assault incidents increased by 5% to 34,112, a rate of 412 incidents per 1,000 prisoners. In the latest quarter, there were 8,360 assaults, a decrease of 1% from the previous quarter. The quarterly figure reached a peak of 9,126 in the July to September 2018 quarter.
The number of incidents in male establishments increased by 4% from 31,210 to 32,586 in the 12 months to June 2019. The number of incidents in female establishments increased by 13% from 1,346 to 1,526 incidents in the same period.
In the latest quarter, the number of assaults in male establishments decreased by 1% to 8,005, and the number of assaults in female establishments decreased by 14% to 355. Assault rates were higher in male establishments (413 incidents per 1,000 prisoners) than female establishments (401 incidents per 1,000 prisoners) in the latest 12 months.
In the latest quarter, the number of assaults in male establishments decreased by 1% to 8,005, and the number of assaults in female establishments decreased by 14% to 355. Assault rates were higher in male establishments (413 incidents per 1,000 prisoners) than female establishments (401 incidents per 1,000 prisoners) in the latest 12 months.
Conclusion
It has been a deeply upsetting task to cover the quarterly Safety in Custody Bulletins as closely as I have done over the last few years.
Because the data are so recent (up to September for deaths and June for self-harm and assaults), I continue to believe they are the most reliable indicator of the state of our prison system.
The scale of violence in our prisons is disturbing to say the least; the number of assaults have doubled in the ten years from 2009 to 2019.
The current statistics were published on the same day as the Justice Committee published its withering attack on the government for failure to put in place a proper strategy to tackle the prisons crisis. Whichever political party is in power in the new year, we must hope they prioritise making our prisons a safer place to live and work.
Thanks to Andy Aitchison for kind permission to use the images in this post. You can see Andy’s work here.
All prison posts are kindly sponsored by Prison Consultants Limited who offer a complete service from arrest to release for anyone facing prison and their family. Prison Consultants have no editorial influence on the contents of this site.
……………………...…………...…………...
Prisoner with the IPP sentence is more likly to suffer mental health and extreme self harm.
My personal thoughts on the film
The film did not have balance with fairness leaving funder mental facts out was negligent .They made it appear they was related to a different crime.
is one of 2,500 prisoners in the UK who have finshed there sentence are currently still serving a now banned IPP sentence, dubbed ‘forever’
sentences.
Aaron Hariss has been locked up since 2006, after being convicted of GBH, and has
been moved around repeatedly, with no idea when he will be released.
IPPs were scrapped in 2012 for all new offences, but those who had already been sentenced were left in limbo.
Arion has done all that been asked of him
The documentary revealed that throughout a four month stay at Winchester
prison, Aaron cut himself on more than thirty occasions, and at one
point was told by staff that he could lose his leg if he didn’t stop.
Many of those watching were stunned by the programme, with one calling it ‘very difficult to watch’
Viewers said Aaron’s situation was "heartbreaking, with one writing: ‘IPP serves only to demonstrate a cruel
and inhumane game that is being played with peoples lives and minds. It
is unacceptable and groundless.’
Another added: ‘Very difficult watch, far too easy to judge from a comfortable position. Aaron is obviously in the wrong place.’
"Parole Board release Aaron and let him home with support or A Tag"
As doctors dealt with a large laceration in his leg, he said: ‘What I’ve
been doing is cutting myself to pieces. I find it hard to deal with
prison life if I’m honest with you. It’s being away from my family that
I find difficult.’
As doctors dealt with a large laceration in his leg, he said: ‘What I’ve
been doing is cutting myself to pieces. I find it hard to deal with
prison life if I’m honest with you. It’s being away from my family that
I find difficult.’
https://www.youtube.com/watch?v=EFhiG8Pk3v8
Viewers took to Twitter after the shocking programme, with some deeming the programme ‘heartbreaking’
In 2006, he was given an IPP sentence for a assault, but we fail to understand he payed for his crime and he has long finished his sentence.
But Mark warned Aaron he couldn’t continue what he was doing, saying the
self harm was growing increasingly concerned about his health.
Aaron explained: ‘I’m struggling being without my little girl. And as it gets closer to her birthday, I’m struggling even more.’
Questionable what support Aaron is getting for his disability under the law to give him a way forward.‘Five years I’ve not had a fight with anyone or anything.
And with a parole meeting in two months, Aaron revealed the reason for
his continued imprisonment was due to his extreme self harm.
However, after less than a month in the low-risk unit, it emerged that
following an argument with staff over phone credit, Aaron had once again
cut himself, and was moved back to the original unit.
I was flourishing on West Hill, all I wanted to do was speak to my mum and daughter, and this is the result. That’s bad.’ Aaron was left feeling hopeless having moved prison, telling staff that
the continued moves between hospital was causing him to self harm
She went on: ‘We’re a bit anxious. He will continue to self-harm because he’s back in the environment he doesn’t want to be in.
After seven weeks in a healthcare unit,
and increasing pressure on the just 15 beds in the wing, Aaron was told
by managers of the trust that he should move back to the main wing.
But a meeting discussing the potential move grew increasingly volatile after staff informed him of the move that will take him from his family It raises my anxiety. No one cares.The
31-year-old said he’d never self harmed before going into prison.I assure you of that. And by tomorrow I’ll be on constant observation and then we start the whole cycle again.’child when he went inside. He told us he still thinks like a teenager.
- The public are saying How is it fair that Aaron is kept in prison because he self harms? Self harming doesn’t mean you will be violent towards others. He isn’t being given the right help to reduce that self harm either.’
- Another wrote: ‘He has admitted to trying to kill himself, he’s using extreme self harming he is basically begging for him but they aren’t listening to him! As someone in the same situation mental health wise this is heart breaking.’
The public were left stunned by the programme, with one noting that Aaron was ‘already dead’.
‘He’s no power. No hope.
These indefinite sentences & the creaking
abusive justice system just doesn’t work.
video https://www.dailymail.co.uk/femail/article-7469861/Crime-Punishment-Prisoner-IPP-sentence-struggles-extreme-self-harm.html
The Mother Aaron Hariss
Dear Katherine
I hope that it helps to highlight what my Son and others serving this inhumane sentence are going through and what it is doing to their mental health and their families .
When will someone in the
government realise that it is barbaric to keep this sentence hanging
over these poor prisoners, give them a light at the end of a really dark
tunnel, I hope and pray every day that my son will survive and not
become just another death in custody statistic for the prison system.
..................................................................................................
Hotline for prisoners' families 'not being answered' - report
Dozens of prisons across England
and Wales are failing to operate emergency telephone lines to help prevent
suicide and self-harm, a report has revealed.
The research shows a hotline for
relatives of prisoners to call if they have concerns about an inmate was not
being answered or had not even been set up in more than one third of jails.
When there was an emergency line,
most calls went to an answering machine.
The Ministry of Justice said the
findings were "unacceptable".
In a statement, the MoJ pledged
"immediate action" to address the problem and asked prisons to ensure
that it is sorted out within the next 24 hours, but has it?
The availability of a dedicated "safer
custody" telephone line for families to flag concerns about a
prisoner's physical or mental health was a key recommendation in a review by
Lord Michael Farmer which had been commissioned by the government.
The review was published in 2017
amid mounting concern about the rising tide of self-harm and suicides in
prisons.
Figures
from the Ministry of Justice for the 12 months to September 2019 show there
were 90 self-inflicted deaths, one more than the previous year, and in the 12
months to June, 60,594 incidents of self-harm - an increase of 22%.
'Lives depend on it'
The Prison Reform Trust (PRT),
together with the Prison Advice and Care Trust and the charity Inquest,
conducted research by trying to call 119 jails to test whether Lord Farmer's
proposal had been implemented.
The research, seen by the BBC,
found that:
22 prisons had no publicly
advertised hotline
In another 22, the number was not
answered, was not working or was just transferred through to a general
switchboard.
Of the 75 numbers that were
directed to safer custody departments, 62 went through to an answerphone - and
only 13 calls were immediately picked up by a member of staff.
Peter Dawson, director of the
PRT, said: "Lord Farmer's report demanded action, and the Prison Service
promised it, but this report shows that the problem is a very long way from
being solved."
The PRT said poor arrangements
for families to get in touch with prisons had been identified in inquests into
the deaths of prisoners, including that of Jordan Hullock.
The 19-year-old died of natural
causes at Doncaster Prison in 2015 but an inquest jury identified serious
failures and shortcomings in his care.
According to the PRT, the inquest
heard evidence that "when Jordan stopped communicating, his mother emailed
and phoned the prison with her concerns, but to no avail".
Mr Dawson said: "Lives may
depend on the ability to get an urgent message through - every prison should
have a system in place and be testing it regularly."
'Never rung me back'
In another case, one family
member told researchers they had contacted the safer custody line in a prison
20-25 times between January and June this year.
"About 40% of the time
someone picks up and says that they will check on him and then ring me back…but
they have never rung me back," the relative said.
"On one occasion I left a
message four times before they rang me back."
The Ministry of Justice said:
"The findings of this report are unacceptable and we have already taken
immediate action to address the concerns, with governors ensuring that family
members are able to speak to staff if they have information about a prisoner's
wellbeing."
The department has asked senior
managers to give a personal guarantee that "effective communications
systems" are in place within each prison - and, to underline the urgency,
have asked for this to be done by the end of the day.
The study comes as a separate
report by the Commons Justice Committee said the prison system is in an
"enduring crisis of safety and decency".
MPs criticised announcements
about building new prison places to accommodate tougher sentences.
"Too often we have seen what
might be called 'policy by press notice' without a clear vision for the future
of the prison system," the report said.
"While new prison places are
welcome, they do nothing to improve the condition of the current prison estate,
much of which is in an appalling state of disrepair," it adds.
……………………...……………………………………………….
Heartbreak for 'trapped' Scotswood prisoner Danny Weather son after parole hearing adjourned until 2020
‘Trapped’ prisoner Danny Weatherson has taken another blow after his parole hearing was adjourned until 2020.
Behind bars for more than 14 years, Danny had fresh hope when he was told his parole hearing was earlier this month.
But the locked up Scotswood lad has now been informed he will stand in front of a parole board in February and has secured a human rights solicitor to fight his cause.
Left to “rot in jail”, Danny is among the thousands caught up in the controversial Imprisonment for Public Protection (IPP) sentences, which came into force for England and Wales in 2005 but were axed in 2012.
And his dad, Maurice Stevens, is raising funds to employ a human rights solicitor to give his son the best chance of freedom and end his nightmare.
He set up a GoFundMe page to raise the £750 cash needed to pay for the specialist lawyer and he hopes Danny will be back on the outside next year.
“Danny was told that his parole hearing had been adjourned until February,” said Maurice, of Throckley, Newcastle.
“We have lost count how many parole hearings he has been to and this time it was adjourned. Now we have human rights lawyer Kushal Sood to represent Danny. We feel he has more of a chance now than ever before.
“Kushal has booked an appointment to see Danny in HMP Northumberland on November 15 to discuss his case. Kushal is also getting an expert to write a report on what this is doing to Danny’s mental health.”
Mr Sood, who is with Instalaw Solicitors in Nottingham, said: “Danny is not eligible for Legal Aid but I plan to represent him at his Parole Board hearing. At present I am liaising with Maurice.”
Locked up Danny has also won support from an ex-con turned campaigner, Pepsi Watson, helping to fight for his prison release.
Originally, a judge recommended Danny serve just over 15 months for two attempted robberies before he could apply for parole.
But the devastated 31-year-old is still behind bars.
He and his family, led by Maurice, have teamed up with digital activist and YouTuber Pepsi, who is a former IPP prisoner himself, as they fight for justice.
“Danny was sentenced to a 15 month IPP sentence for attempted robbery of a coat and mobile telephone back in 2005 aged 17 years old. Fourteen years later my son is still locked up for the same crime because of the injustice of the IPP sentence,” added Maurice.
“We are not trying to justify Danny’s initial crime and understand, as does Danny, that there should be consequences, but these consequences should fit the crime and the sentences should be appropriate.
“Danny has served 14 years in prison for an attempted robbery of a coat and mobile phone. To put that into perspective that is longer than some prisoners have served who have been found guilty of heinous crimes such as murder and rape.”
Danny was just a teenager when a judge recommended he served just over 15 months - but it took 11 years and nine months for him to be released - only to be flung back inside.
He got out on July 3, 2017, and was told to spend three months in a hostel in Leeds before being allowed to return to home soil in Newcastle.
Frustrated about not being with his family, without benefits and miles away from home, his dad says it is understood Danny was knocked over but would not co-operate with police.
And only weeks later, he was recalled to prison.
ad-of-12 Maurice, 47, said: “Last week me and Pepsi went to see Danny in prison and he is really quite up and down. He really doesn’t know what to think. It is not good for his mental state. He really should be out now.
“In the past he’s tried to commit suicide. He had his parole knocked back again earlier this year and then adjourned in October. He has served long enough and we hope he will be released in February.”
ChronicleLive has followed Danny’s plight over the years and after he was returned to jail in 2017, Maurice asked strangers to send cards of support to his son.
our caring readers sent him dozens of cards which gave him the mental strength to get through.
He had taken to self-harm to get through his dark days, but Danny’s family revealed the Parole Board said he could be moved to a category D open prison.
However, just weeks later, he was told the prison that had been chosen was changed and Danny tried to kill himself as his hopes were shattered.
At the time his solicitor, Shirley Noble, said he was being kept inside as he “poses a risk to himself” and uses the self-harming mechanism to release the pain he suffers emotionally.
And his dad used his son’s attempted suicide to highlight the IPP sentences, intende
anny, who had been in trouble for a string of minor crimes before being jailed, was among those who feel they have been left to rot behind bars.
Earlier this year, a parliamentary report established that there were approximately 2,400 prisoners serving IPP sentences.
The authorities admit the IPP sentence was widely criticised and “used far more widely than intended”.
And this is why it was replaced with a new regime of tough, determinate sentences, alongside life sentences for the most serious offenders.
The Chief Inspector of Prisons, Peter Clarke, has reviewed IPP sentences and said that it was “widely accepted that implementation of the sentence was flawed”, and that “decisive action” was needed for reasons of cost, “fairness and justice”, and to relieve pressures on the system.
Former Justice Secretary Elizabeth Truss said on IPP sentencing: “We need to be realistic that these prisoners on these sentences have committed serious crimes and that some are dangerous people.
"But there are others that have long served their minimum term and are committed to proving that they are safe for release.
d to protect the public against criminals whose crimes were not serious enough to merit a normal life sentence, but who were regarded as too dangerous to be released when the term of their original sentence had expired.
Self harm, family's
ignored, leading to hundreds of deaths.
" Dozens of prisons
across England and Wales are failing to operate emergency telephone lines to
help prevent suicide and self-harm, a report has revealed.
But the research
shows a hotline for relatives of prisoners to call if they have concerns about
an inmate was not being answered or had not even been set up in more than one
third of jails.
"When there was an
emergency line, most calls went to an answering machine."
The findings were
"unacceptable".
The availability of a dedicated "safer
custody" telephone line for families to flag concerns about a
prisoner's physical or mental health was a key recommendation in a review.
The review was published in
2017 amid mounting concern about the rising tide of self-harm and suicides in
prisons,
which the government was aware as far back as 2006. current figures
from the Ministry of Justice
for the 12 months to September 2019 show there were 90 self-inflicted
deaths, one more than the previous year, and in the 12 months to June,
60,594 incidents of self-harm - an increase of 22%.
The
Prison Reform Trust (PRT), together with the Prison Advice and Care
Trust and the charity Inquest, conducted research by trying to call 119
jails to test whether Lord Farmer's proposal had been implemented.
The research, seen by the BBC, found that:
- 22 prisons had no publicly advertised hotline
- In another 22, the number was not answered, was not working or was just transferred through to a general switchboard.
- Of
the 75 numbers that were directed to safer custody departments, 62 went
through to an answerphone - and only 13 calls were immediately picked
up by a member of staff.
Peter Dawson, director of the PRT, said: "Lord Farmer's report demanded action", and the Prison Service promised it, but this report shows that the problem is a very long way from being solved."
The
PRT said "poor arrangements for families to get in touch" with prisons
had been identified in inquests into the deaths of prisoners, including
that of Jordan Hullock.
"IPP prisoners death alone have had ,scant responses from the government"
19-year-old who died 2015 an inquest jury identified serious failures and shortcomings in his care.According
to the PRT, the inquest heard evidence that "when Jordan stopped
communicating, his mother emailed and phoned the prison with her
concerns, but to no avail".
Self harm, family's
ignored, leading to hundreds of deaths.
" Dozens of prisons
across England and Wales are failing to operate emergency telephone lines to
help prevent suicide and self-harm, a report has revealed.
But the research
shows a hotline for relatives of prisoners to call if they have concerns about
an inmate was not being answered or had not even been set up in more than one
third of jails.
"When there was an
emergency line, most calls went to an answering machine."
The findings were
"unacceptable".
The availability of a dedicated "safer
custody" telephone line for families to flag concerns about a
prisoner's physical or mental health was a key recommendation in a review.
The review was published in
2017 amid mounting concern about the rising tide of self-harm and suicides in
prisons,
which the government was aware as far back as 2006. current figures
from the Ministry of Justice
for the 12 months to September 2019 show there were 90 self-inflicted
deaths, one more than the previous year, and in the 12 months to June,
60,594 incidents of self-harm - an increase of 22%.
The
Prison Reform Trust (PRT), together with the Prison Advice and Care
Trust and the charity Inquest, conducted research by trying to call 119
jails to test whether Lord Farmer's proposal had been implemented.
The research, seen by the BBC, found that:
- 22 prisons had no publicly advertised hotline
- In another 22, the number was not answered, was not working or was just transferred through to a general switchboard.
- Of the 75 numbers that were directed to safer custody departments, 62 went through to an answerphone - and only 13 calls were immediately picked up by a member of staff.
Peter Dawson, director of the PRT, said: "Lord Farmer's report demanded action", and the Prison Service promised it, but this report shows that the problem is a very long way from being solved."
The
PRT said "poor arrangements for families to get in touch" with prisons
had been identified in inquests into the deaths of prisoners, including
that of Jordan Hullock.
"IPP prisoners death alone have had ,scant responses from the government"
19-year-old who died 2015 an inquest jury identified serious failures and shortcomings in his care.According
to the PRT, the inquest heard evidence that "when Jordan stopped
communicating, his mother emailed and phoned the prison with her
concerns, but to no avail".
'Never phoned back'
In
another case, one family member told researchers they had contacted the
safer custody line in a prison 20-25 times between January and June
this year.
The prison say that they will check on him and then ring me back…but they have never rung me back," the relative said."Lives
may depend on the ability to get an urgent message through - every
prison should have a system in place and be testing it regularly."but
those were failed
"On one occasion I left a message four times before they rang me back."
Family have being reporting issues since 206 but have been ignored.
untrue
that governors are ensuring that family members are able to speak to
staff if they have information about a prisoner's wellbeing."
The
study comes as a separate report by the Commons Justice Committee said
the prison system is in an "enduring crisis of safety and decency".
MPs criticised announcements about building new prison places to accommodate tougher sentences.
"Too
often we have seen what might be called 'policy by press notice'
without a clear vision for the future of the prison system," the report
said
"While
new prison places are welcome, they do nothing to improve the condition
of the current prison estate, much of which is in an appalling state of
disrepair," it adds.
In
another case, one family member told researchers they had contacted the
safer custody line in a prison 20-25 times between January and June
this year.
The prison say that they will check on him and then ring me back…but they have never rung me back," the relative said."Lives
may depend on the ability to get an urgent message through - every
prison should have a system in place and be testing it regularly."but
those were failed
"On one occasion I left a message four times before they rang me back."
Family have being reporting issues since 206 but have been ignored.
untrue
that governors are ensuring that family members are able to speak to
staff if they have information about a prisoner's wellbeing."
The
study comes as a separate report by the Commons Justice Committee said
the prison system is in an "enduring crisis of safety and decency".
MPs criticised announcements about building new prison places to accommodate tougher sentences.
"Too
often we have seen what might be called 'policy by press notice'
without a clear vision for the future of the prison system," the report
said
"While
new prison places are welcome, they do nothing to improve the condition
of the current prison estate, much of which is in an appalling state of
disrepair," it adds.
………………...…………………………………………….
In a withering report, the House of Commons Justice Committee condemns the lack of a clear reform plan and long-term strategy to reverse the fortunes of a prison system in an “enduring crisis of safety and decency”.
The major report makes conclusions and recommendations in a range of areas. These include:
- Series of “policy by press release” announcements indicating focus on building new prison places to accommodate tougher sentences has refreshed concerns over the near £1 billion maintenance backlog on “appalling” state of existing prison estate.
- The condition of the prison system is such that a multi-year funding settlement is urgently required. Prisons should be safe and decent environments that rehabilitate offenders - this not currently the case. The Committee is calling again for a long-term plan to improve the prison system underpinned by the funding make it work.
- Much greater investment in purposeful activity is needed to reduce the estimated £18 billion cost of reoffending and improve safety in prisons. The Government's recent announcements on sentencing may over time result in a significantly increased prison population, without any guarantees that the necessary infrastructure will be put in place to avoid further overcrowding of prisons.
- Even at a daily operational level, the Committee says current arrangements for facilities management do not work. The Ministry should move as soon as possible away from national contracts for facilities management to much smaller, localised arrangements, so that governors have more control over the service and can adapt it to meet the needs of their prison. Initiatives already in place where teams of staff and prisoners carry out minor maintenance work around the prison show what can be achieved and Government should look seriously at rolling out similar initiatives across the whole prison estate.
- Greater autonomy for prison governors is welcome but will not drive necessary change without clear structures and mechanisms for accountability. Additional responsibilities for governors under the empowerment agenda do not match the rhetoric used by the Ministry of Justice, meaning there is still no clarity either as to what governors themselves are responsible for, or who is accountable for the performance of individual prisons.
- Assessment of prison performance is heavily skewed towards safety and security – though even with that, it is taking too long to get important security equipment like body scanners into prisons, and these processes must be reviewed and made to work more efficiently. The commitment to additional measures on purposeful activity and time spent out of cells is welcome, but there needs to be a whole-prison approach to measuring prison performance, particularly measures relating to health and education provision.
- Too often, prisons are identified as needing extra support, but their performance continues to decline. In the case of HMP Bristol, the Chief Inspector of Prisons invoked the urgent notification protocol despite the fact the prison was under the Ministry’s own special measures. There is little point in identifying poor performance if the necessary resources are not then provided to drive improvement.
Chair's comments
Chair of the Justice Committee, Bob Neill MP, said:
“The prison system in England and Wales is enduring a crisis of safety and decency. Too often we have seen what might be called "policy by press notice" without any clear or coherent vision for the future of the prison system. New prison places might be welcome, but they do nothing to improve the appalling condition of much of the current prison estate, nor the prospect of offering a safe environment in which to rehabilitate offenders. Prisons will not become less violent without proper investment in purposeful activity for prisoners to support rehabilitation. At any rate, given Government’s poor track record in building prisons, we now want to see the detailed plans for the promised £2.5 billion for 10,000 more places, what they’ll look like and when they’ll be up and running.”
The Committee also reiterates its wide-ranging concerns about recruitment, retention, training and incentives for prison staff, from governors to officers, and makes a series of practical recommendations to begin to try to address these problems within a coherent framework for reform.
…...…...……...……………...………………………...
No 5 Barrister Chambers. Philip Rule concerning IPP sentences
Release Directed for recall IPP prisoner (Charter Chambers)
Philip Rule was asked to comment upon the sentence of imprisonment for public protection, IPP, that continues to leave thousands of individuals caught in a system that was in fact abolished four years ago, in 2012. It is in essence a life sentence but one that was applied to many less serious offenders and offences than it has ever been possible or proper to impose life sentences upon.
The documentary followed the lives and problems of some of those who are languishing inside, and the effect upon their families, and exposes a serious problem that has been sidelined by the Government and effectively ignored since 2012.
Philip has also previously written in The Times to highlight the plight of IPP prisoners and the recent judgment of the Lord Chief Justice that has urged that the problem be addressed by the Secretary of State for Justice.
Speaking to the programme Philip explained that whilst the failure of what was effectively an experiment with this sentence was now regretted by the Home Secretary who brought them in originally, and described as a “stain” on the British justice system by the Secretary of State who abolished them, they remain in operation for many of those caught by the unexpected, unintended and undesirable overuse of the sentence for those for whom it was not in fact originally intended at all.
Little Over 3000 prisoners remain in prison under this IPP sentence, over most already having served any punitive aspect of their sentence but unable to secure release, and that has brought not only considerable challenge to the lives of those affected but it is also costing £150 million each year to the taxpayer.
Philip believes the BBC is to be congratulated for investigating this continuing stain on our civilised society, and the deplorable failures that continue to afflict prisoners who cannot access the proper opportunity to be released – unable to do so due to systemic delays and failings over which they have no control. The state must take responsibility for its failures that continue to lead to unnecessary prolongation of detention of many prisoners including some of the most mentally vulnerable within the prison system.
previously programme, Inside Out London.
Philip was not asked to check the legal accuracy of the programme but was interviewed for comment.
Philip is available to provide expert analysis or comment upon topical legal issues, and for television and film productions requiring consultancy knowledge of the legal systems of England and Wales. He has fifteen years’ experience in practice at the English bar and a particular expertise in issues involving human rights, criminal law, public inquiry, inquest and prison law subjects.
Philip Rule is part of the Public Law Group at No5 Chambers, click here to view Philip's profile.
If you have an enquiry of this nature and would like to discuss Philip providing insight or consultancy to your media project please email publiclaw@no5.com and Philip’s clerks will be able to pass on your direct contact details, or contact the marketing department at No5 Chambers on 0845 210 5555 or email marketing@no5.com.
Last month saw Media story of Wayne
Bell who received a IPP sentence in 2007
The incident took place in Withington, Manchester
when he assaulted a boy and stole his bike. He has now spent over 10 years in
prison and, despite repeated Parole Board hearings, has still not been
released. This has had a detrimental affect on both Wayne and his family. Wayne Acquired mental while serving this never
ending setence.
Although the IPP was abolished on 3rd December
2012 there are still prisoners being held under these sentences. Pete Weatherby QC from
Garden Court North Chambers who has been involved with IPP since its inception
commented that:
‘years after the abolition of the
IPP sentence it is an outrage that prisoners continue to serve such sentences. Postdate
Massive cuts to the justice system mean there was insufficient courses to allow
them to progress toward release and the even greater cuts to legal aid mean
that IPP prisoners are unable to obtain legal advice or challenge manifestly
unfair treatment.
The UK has already been found to
have violated Article 5 of the European Convention (prohibition on arbitrary
detention) with respect to these sentences (Brett James v UK) and the
continuing failure to address this problem shows a contempt for the rule of law
itself.’
Pete Weatherby QC is a human rights barrister at Garden Court North Chambers.
https://www.theguardian.com/society/2019/jan/10/family-ipp-prisoner-tommy-nicol-indeterminate-sentence
...……………………………………………………...………..
IPP Campaign Lobbying Group emailed the Prison Reform and Howard League
Prison Reform
Said that PRT has a longstanding history of advocacy on the IPP sentence and they have played an important role in helping to get the sentence abolished in 2012, through the publication of our in depth research report Just deserts, which formed the key strand of our evidence into the government’s sentencing review
That they remain remain actively engaged on this issue, and a key commitment of our
current strategic plan is to “End the imprisonment of people serving
Sentences of Imprisonment for Public Protection (IPP),
and abolish the lifelong IPP licence”
And to this end, PRT has done the following:
- Commissioned research on the reasons why IPP prisoners are recalled and how they can be supported to make a success of their release on licence in the community. This research is being led by Russell Webster under the supervision of PRT’s head of research Dr Kimmett Edgar, and is due to report in the new year.
- Commissioned Dr Harry Annison at Southampton University to conduct research on the contribution families can make to the successful resettlement of IPP prisoners on release. This project is due to report in the autumn.
- Raised the ongoing plight of IPP prisoners in evidence to key inquiries including
- Evidence to the joint civil society shadow report to the UN Committee Against Torture UK review
- Evidence to the European Council Committee for the Prevention of Torture
- Evidence to the Justice Committee inquiry on the prison population
- PRT will use any legislative opportunities that arise to try and secure an amendment to convert IPP sentences into determinate sentences with a guaranteed minimum licence period. We recently briefed for a Westminster Hall debate on the issue and much of our work was cited in the
- Debate https://hansard.parliament.uk/Commons/2019-06-11/debates/2592FEF3-7781-412F-808A-BA500398BD7B/ImprisonmentForPublicProtection#contribution-0E165B15-80E5-46DD-A218-3E0526E1ECD7
- Work with trusted colleagues in the media to raise the profile of IPP prisoners
- Work to improve the use of tools which can help progression and preparation for resettlement, including ROTL and the open estate. PRT’s submission to the government’s ROTL review highlighted the importance of ROTL to the progression of IPP prisoners and ways in which its use could be increased.
- PRT’s contribution to the Parole Board review highlighted the importance of an independent Parole Board and the dangers of greater transparency to a fair and proportionate response to risk.
They asked about the possibility of legal action in relation to the case of
Wayne Bell PRT is not a legal charity, and therefore we would not be in
a position to advise on the merits of such a
case. However, said we may wish to contact a lawyer with expertise in the
field. Simon Creighton at Bhatt Murphy has taken on a number of IPP
cases and may be able to assist
You may also wish to contact the Prisoners Advice Service
Kind regards,
Mark Day
Head of Policy and Communications
Prison Reform Trust
………………………..
That the Howard League
has done quite a lot of work on the IPP sentence so I am well aware of
the issues you raise. We had planned to do some work in parliament to
abolish the life licence but have not been able to because of the lack
of legislative opportunity. I hope to be able to do something about this
next year.
Kind regards
Frances Crook
Chief Executive
Howard League for Penal Reform
1 Ardleigh Road
London N1 4HS
www.howardleague.orgThank you to both for your transparency and hard work.
.....................................................................................................................
An IPP Mum
Dear Katherine,
Thank you for such a kind reply, although with IPP’s still affecting so many individuals and families it is in
humane that imprisonment continues and so many suffer breakdowns (and worse) as
a result. I can see you’re doing all you can and I’m not sure if I can offer
any more advice for the family you mentioned, his situation isn’t the same as
my son.
I know he was not
mentally unwell before he was sentenced,I’d guess he will be one of many
IPP prisoners who have become so unwell as a result of their IPP sentence that
they’ve been transferred to hospital, the fact that’s he’s still there
indicates how unwell he still is. It’s heartbreaking, I feel for him and his
family, I will try and think of a way through but I hope the Howard League can
help? Or try Liberty, it is surely a major human rights issue?
I’ll think if there are any other
avenues, assume you’ve tried their local MP? I’ll get back in touch soon, with
any suggestions I can think of.
Take care of yourself, hard to do
but vital!
Linso
............................................................................................................................
Dear Katherine
What about support for IPP prisoner and there families to get a legal position of the prisoners caught in long term negative relationships with the parole board resulting in their worsening mental health conditions. There is often a reciprocal antipathy which is driving refusal of parole and then mental collapse. It might be a form of iatrogenesis and be seen as a feedback loop. It is highly problematic for some prisoners who if they had had determinate sentences (as in the present system since 2012) would have been released, but because their sentence is is never ending until they can prove they want do it again which …they become trapped. Look at calls for an inquiry into the IPP Deaths
What about Propose strategies to pursue action.
The best way to move forward in my opinion is with pressure from other prison reform charities. They can put pressure directly on the executive, the also have legal expertise and have solicitors who would know the Archbold inside out.
The current executive don’t care about prisoners’ rights at all but if there is a general election and Labour or the Liberal Dems get in we should see movement.
lifting the lid on some of the more "complex, out-dated or difficult issues that are currently happening in prisons across the UK
Paul Bousell Twenty-eight is serving time in HMP Winchester
with no release date. His crime was threatening staff at a Londi's
store. lingering in jail until his death, due to the controversial IPP
sentence. IPP sentence meant that you would only be released if you
could convince
the Parole Board that you no longer pose a risk to the public but not
given ant further means to do so from what they have already done.IPP
and its open-ended nature removed hope and structure. Although it was
abolished in 2012, 3,429 IPP offenders still remain in
prison, unable to convince the Parole Board awaiting delayed
rehabilitation courses that are seen to be a condition of their release.It's set in Winchester Prison - which was
placed into special measures
in December 2017 - over a 48-hour period of serious unrest, with
inmates protesting about being locked away for 23 hours a day.
Delays and defers needs serious attention by the government.
Delays and defers needs serious attention by the government.
..........................................................................................................................
Prison to Hospital a- Re think mental illness
Section 47 &49 detained in hospital and rights Section 47 of the Mental Health .Act that allows mental health professionals to transfer you from prison to hospital for treatment.
To be transferred from prison to hospital, you must be so unwell
that you need treatment in hospital. The hospital can treat you without your permission.
could go back to prison if your mental
health gets better. If you are still in hospital when your sentence ends, the
hospital can discharge you. If you need to stay in hospital, they will move you
to a different section, called a ‘notional’ section 37.If you do not agree
with being on this section,
you can appeal to a First-Tier Tribunal (FTT). And to the hospital managers. But, for you to be discharged, the Secretary of State for Justice has to agree with their decision. When you are discharged, you are entitled to free aftercare services under section 117 of the Mental Health Act.
you can appeal to a First-Tier Tribunal (FTT). And to the hospital managers. But, for you to be discharged, the Secretary of State for Justice has to agree with their decision. When you are discharged, you are entitled to free aftercare services under section 117 of the Mental Health Act.
continued https://www.rethink.org/advice-and-information/rights-restrictions/police-courts-and-prison/section-47-49/
https://www.judiciary.uk/publications/new-edition-of-the-equal-treatment-bench-book-launched
25/07/2019
Prison Reform
70% of people who died from self-inflicted means whilst in prison had already been identified as having mental health needs. However, the Prisons and Probation Ombudsman (PPO) found that concerns about mental health problems had only been flagged on entry to the prison for just over half of these peopleThe PPO’s investigation found that nearly one in five of those diagnosed with a mental health problem received no care from a mental health professional in prison.The PPO also found that no mental health referral was made when it should have been in 29% of self-inflicted deaths where mental health needs had already been identified.0% of prisons inspected in 2016–17 had inadequate or no training for prison officers to know when to refer a person for mental health support.
- The number of incidents of self-harm are also up, with the second highest ever recorded quarterly figure
- The number of deaths has decreased over the last quarter, and the annual number has also slightly decreased to 309 from 311
Ipp prisoners are very high in poportion .
.........................................................................................................................
Sentencing Council. Sentencing Offenders with Mental Health Conditions or Disorders .
Section one: General approach
- The guidance given in this guideline will assist sentencers when sentencing offenders who have any of the conditions or disorders outlined in Annex A. The mere fact that an offender has such a condition or disorder does not necessarily mean that it will have an impact on sentencing.
- There are a wide range of mental health conditions, neurological impairments and developmental disorders, and the level of any impairment will vary between individuals. Accordingly, in assessing whether the condition or disorder has any impact on sentencing, the approach to sentencing should be individualistic and focused on the particular issues relevant in the case concerned. In particular:
- care should be taken to avoid making assumptions, as unlike some physical conditions, many mental health conditions, neurological impairments or learning disabilities are not easily recognisable
- no adverse inference should necessarily be drawn if an offender had not previously been formally diagnosed, or had not previously declared a condition (possibly due to a fear of stigmatisation or because they are unaware they have a condition)
- it is not uncommon for people to have a number of different conditions, ‘co-morbidity’ and for drug and/or alcohol dependence to be a factor
- difficulties of definition and classification in this field are common, there may be differences of expert opinion and diagnosis in relation to the offender, or it may be that no specific condition can be identified
- sentencers should be wary of acting on the basis of self- diagnosis or on diagnosis from those unqualified, which alone will rarely be sufficient
- In any case where the offender is or appears to be mentally disordered, the court must obtain and consider a medical report before passing a custodial sentence other than one fixed by law, unless, in the circumstances of the case, the court is of the opinion that it is unnecessary (section 157 Criminal Justice Act 2003). There is more information on section 157 at Annex B. It may be unnecessary if existing sources of information can be used, such as from probation, defence representatives, prison, police or court mental health teams, or family members. In addition, section 39 of the MHA provides that a court may request information about a patient from local health services if considering making a hospital or interim hospital order. Further information about requests for reports can be found at Annex B of this document.
- Where a custodial sentence is passed the court should forward psychiatric, medical and pre-sentence reports to the prison, to ensure that the prison has appropriate information about the offender’s condition and can ensure their welfare.
- Courts should always be alive to the impact of a condition on an offender’s ability to understand and participate in proceedings. To avoid misunderstandings, which could lead to further offences, it is important to ensure that offenders understand their sentence and what will happen if they reoffend and or breach the terms of their licence or supervision. Courts should therefore consider putting the key points in an accessible way. Further information can be found at Chapter Four of the Equal Treatment Bench Book.
- There are particular issues courts may also wish to familiarise themselves with, with regards to cultural and ethnicity considerations and offenders within a mental health context. Further information can be found at Chapter Eight of the Equal Treatment Bench Book.
- In all cases where the court is considering a mental health disposal, the court must be satisfied that treatment is available. If the treatment proposed is not within a NHS hospital, courts should take particular care to confirm the proposed hospital/treatment centre has the appropriate level of security and specialist staff able to address the offending behaviour in addition to treating the mental health condition. In all cases, courts should consider whether a restraining order or other ancillary order may be appropriate. In addition, if the court is considering making a mental health treatment requirement, sentencers should first seek assurance that the proposed treating psychiatrist is aware of the duty to inform the court of any non-compliance with the order.
Section two: Assessing culpability
- Courts should refer to offence specific guidelines to assess culpability, in conjunction with this guideline. If an offender has any of the conditions or disorders listed in Annex A, it is possible that it may affect their level of responsibility for an offence. The relevance of any condition will depend on the nature, extent and effect of the condition on an individual and whether there is a causal connection between the condition and the offence. It is for sentencers to decide how much responsibility the offender retains for the offence, given the particular disorder or condition and the specific facts of the case at hand.
- In some cases the condition may mean that culpability is significantly reduced, in others, the condition may have no relevance to culpability. Assessments of culpability will vary between cases due to the differences in the nature and severity of conditions, and the fluctuation of some conditions; it is not possible to be prescriptive in this regard. Careful analysis of the evidence is required to make this assessment, which the sentencer, who will be in possession of all the relevant information, is best placed to make. Expert evidence, where offered and relevant, should be taken into account, but sentencers must make their own decisions and should not feel bound to follow expert opinion. Examples of when it may not be appropriate to follow expert opinion include, but are not limited to, where conclusions are based on incomplete analysis or a misreading of the evidence, or where experts suggest a diagnosis without a clear indication of how it affects culpability.
- Courts may find the following list of questions to consider helpful, to assist in deciding the level of culpability:
- Did the offender’s condition mean it impaired their ability to exercise appropriate judgement?
- Did the offender’s condition impair their ability to make rational choices, or to think clearly?
- Did the offender’s condition impair their ability to understand the nature and consequences of their actions?
- Did the offender’s condition have the effect of making them disinhibited?
- Were there any elements of premeditation or pre-planning in the offence, which might indicate a higher degree of culpability?
- Were there attempts to minimise their wrongdoing or to conceal their actions, which might indicate a higher degree of culpability?
- Did the offender have any insight into their illness, or did they lack insight?
- Did the offender seek help, and fail to receive appropriate treatment or care?
- If there was a lack of compliance in taking medication or following medical advice, was this influenced by the condition or not?
- If the offender exacerbated their condition by drinking/taking drugs, were they aware of the potential effects of doing so?
https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/sentencing-offenders-with-mental-health-conditions-or-disorders-for-consultation-only/
Do judges and magistrates in England and Wales, have a clear structure and process to follow when sentencing people with mental health conditions and disorders, and those with learning disabilities, autism, brain injury, substance misuse disorders and dementia.
https://www.sentencingcouncil.org.uk/news/item/proposals-for-sentencing-offenders-with-mental-health-conditions-published/
......................................................................
https://www.sentencingcouncil.org.uk/news/item/proposals-for-sentencing-offenders-with-mental-health-conditions-published/
The Equal Treatment Bench Book aims to increase awareness
and understanding of the different circumstances of people appearing in courts
and tribunals. It helps enable effective communication and suggests steps
......................................................................
There were more than 311 deaths between June 2018 and June 2019
fundamentally flawed vanity project S” for failing to create a
safe environment for prisoners
A Prisoner died after hanging himself while on hourly observations. discovered in his cell at Sheppey's HMP Swaleside in Eastchurch on June 3, 2017.days before he celebrated his birthday on May 18. The inquest, which lasted four days, heard how the Lithuanian was under
an Assessment, Care in Custody and Teamwork (ACCT) review.Four days later officers were called to his cell when his call button was pressed.They found he had cut his arms.He explained he had been missing his family and he was also worried about the length of his sentence. The next day an assessment was held where he talked more about his
worries, he could not get hold of his ex-girlfriend - who visited him
about once a month - and he had been put on basic privileges without a
radio or tv.
evidence Mr Skinner said he did not check him at 7pm - leaving a gap of
at least one hour and 39 minutes where he was locked in his cell and not
monitored.alarm was raised and backup arrived to give him CPR while they waited 40 minutes for paramedics who declared him dead at 8.29pm.
Winston Augustine, who died in Wormwood Scrubs
just after the start of the 10 Prisons Projecth .
His girlfriend called for a more compassionate approach to
address the pressing challenges the institutions face, she recalls
Just before his death she rang the prison on the day of his death after Winston
failed to make his daily phone call to her. she was told by
a member of staff Winston had been transferred to a segregation cell and could
not speak to her.
That night police and family liaison officers knocked on his
mother's door in South Ealing to tell her his body had been discovered just
under two hours after Kimberley made the phone call, and that he had hung
himself. She states stafff want the family to to believe he took his own life,however,the evidence suggests otherwise and the family to want answers and are
The prison say he was found hanging in his cell, but the
family have serious questions about his treatment at the prison.
INQUEST TRUTH JUSTICE & ACCOUNTABILITY
.........................................................................................................
EMCDDA 2019 UK Country Report
Last
week (6 June 2019), the European Monitoring Centre for Drugs and Drug
Addiction (EMCDDA) published its annual report on drugs in Europe which I
summarised here. Today, I look at the the UK specific findings presented in the latest EMCDDA Country Drug Report for the UK.
Overview
The
report presents the top-level overview of the drug phenomenon in the
United Kingdom, covering drug supply, use and public health problems as
well as drug policy and responses. The statistical data reported relate
to 2017 and so is not as up-to-date on some issues as national
publications.
Nevertheless, the report is an excellent primer on drug issues in the UK covering:
- Drug strategy & co-ordination
- Public expenditure
- Drug use, drug-related infectious diseases, drug-related emergencies and drug-related deaths
- Drug laws & offences
- Drug prevention, harm reduction and treatment including a separate section on drugs in prison.
- Drug markets
In this blog post, I pick out a number of key facts which I hope will be of interest to readers.
1: Public expenditure
The
latest estimate (pre-austerity) suggests that the amount of public
expenditure on drug-related issues is approximately 0.5% of our Gross
Domestic Product with two thirds of this spent on tackling the supply of
drugs and on third on demand reduction.
2: Injecting concerns
There
are concerns about changes in the patterns of drug injection in the
United Kingdom, in particular the increased injection of crack cocaine
and amphetamine-type stimulants, and the emergence in recent years of
the injection of NPS. Data from the 2017 Unlinked Anonymous Monitoring
survey of people who inject drugs indicate that the injection of crack
has increased in recent years in England and Wales, with 51 % of those
who had injected during the preceding 4 weeks reporting the injection of
crack cocaine.
3: Drug-induced deaths
In
2016, the United Kingdom reported a record number of drug-related
deaths, continuing the increasing trend since 2012. Males accounted for
two thirds of drug-related deaths in 2016, and the mean age at time of
death was 42 years. The average age of those dying has risen every year
since 2006. Because of delays in the registration of deaths, the total
number of drug-induced deaths in 2017 in the United Kingdom is not yet
known, but data published on the number of deaths registered in Scotland
in 2017 suggest that a further increase in the UK total can be
expected
4: Drug treatment
Around
238 000 clients received drug treatment in England and Wales in 2017.
Approximately half of them entered treatment during 2017, one third of
whom had never been treated previously. Under half of all clients
entering treatment in 2017 were primary opioid users, mainly heroin
users. Cannabis was the most frequently reported primary drug among
first-time treatment entrants; the increasing trend for the proportion
of clients that were primary cannabis users stopped in 2015. A notable
increase in the number and proportion of primary cocaine clients,
including first-time treatment entrants, has been reported since 2014.
Cocaine clients may use powder and, to a lesser extent, crack cocaine.
More than half of heroin treatment entrants also use crack cocaine; this
pattern of use has been increasing since 2003/04.
5: Drug importation routes
The
identified drug supply chains to the United Kingdom, on the whole,
follow well-established trafficking routes. Heroin originates from
Afghanistan and is most commonly brought in via either Pakistan or Iran,
or more recently through Ukraine.
The
Netherlands and Belgium are the main transit hubs within Europe for
cocaine en route to the United Kingdom. Furthermore, the Netherlands and
Belgium are the most significant sources of established synthetic
stimulant drugs, such as MDMA/ecstasy, amphetamine and methamphetamine,
while most non-retail quantities of new psychoactive substances bought
online originate from China.
South
and West Africa and the Caribbean are the main sources of imported
herbal cannabis, while cannabis resin originates mainly from Morocco
and, to a lesser extent, Afghanistan. Branded strains of high-potency
cannabis are imported from the Netherlands. Cannabis is also cultivated
in significant quantities across the United Kingdom, with production
being controlled, for the most part, by British organised crime groups.
Crack cocaine is converted locally from imported cocaine powder.
Amphetamine may also be produced in the United Kingdom, with active
laboratories believed to be most commonly located in the north-west of
England.
6: Drug offences down
The
number of arrests for drug law offences has decreased in recent years.
In 2015/16, approximately 107 000 court convictions and police cautions
for drug offences were reported in England, Wales, Scotland and Northern
Ireland. Of the offences in which the drug involved was recorded (in
England, Wales and Scotland), 55 % were cannabis related, 23 % were
cocaine related (excluding crack cocaine) and 12 % were heroin related.
http://www.russellwebster.com/emcddauk19/?utm_source=ReviveOldPost&utm_medium=social&utm_campaign=ReviveOldPos
………......………...……………………...………………………...
Why Ex-Offenders Could be the Answer to the UK Labour Shortage
Employment in the UK has boomed in recent years. With around 845,000 vacancies, the number of people in work at record highs and an exodus of European workers, there are now severe labour shortages in many sectors.
In that context, it’s truly dispiriting that we can expect just 17 per cent of the 71,000 prisoners released every year to be in P45 employment one year later. While the reasons for this are complex, it suggests that prisoners aren’t learning the skills that would qualify them for vacancies outside and businesses are still nervous about employing people with a criminal past.
In much of the country, prisons and businesses are two separate worlds that rarely collide. As business owners agonise over how to fill their vacancies – perhaps as they drive past prison gates on their way to work – they are unaware that part of the answer may be hidden on the other side of the prison walls.
Tackling this requires local intelligence. That’s why it is was encouraging to hear the prisons minister, Rory Stewart, say recently that prison education should not just be relevant to employment, but local employment. It’s no use training prisoners to cut hair if an area is already full of barber shops.
While training prisoners in skills needed to go self-employed is helpful, businesses have a vital role. The New Futures Network is beginning to match prisons to local employers but with six in ten employers automatically rejecting applicants with a criminal record, it’s clear that businesses need greater confidence that taking on an ex-offender will not necessarily put their enterprise at risk.
Many business owners have painstakingly built their business over many years and are understandably wary of turning to prisoners to fill vacancies. But if prisons show they have a detailed understanding of the local labour markets needs that their prisoners will be released into, businesses will take notice. Employers’ confidence can be built further by giving them an opportunity to shape prisoner training, which also provides a way to develop familiarity between prisoners and their potential employers. The assumptions of the businesses we work with are turned upside down when they realise that by working in a prison, they will know more about a prospective employee with a criminal past than if they turn to a recruitment agency or look overseas.
It can be done. Last week four men at a prison where we work in northwest England were employed on a day release basis returning to prison each night. What’s more, the jobs in the construction industry are theirs on release and the hourly rate - already well above the minimum wage - will more than double. These men are now role models on their wing, with others asking how they can follow their lead.
The benefits for the community are clear – ex-offenders are less likely to return to crime. But businesses need to be given something more tangible than the nebulous concept of “doing the right thing”. Unless we demonstrate the potential value they could be missing out on, businesses will continue to pass prisons by and overlook the huge opportunity for their organisation.
To find out more Seetec’s prison education and skills services, including labour market analysis services for prison governors, contact us today https://www.seetec.co.uk/justice or 01702 201070.
................................................................................................................
Joe Chapman
WARNING TO POST TARRIF IPP’s ...
If the Parole Board do not accept
an application for a move to open prison or release, but a transfer to a PIPE
has been recommended, such as HMP Warren Hill, this is an acceptance that no
further treatment is required.
They must then show good progress
in the Psychologically Informed Planned Environment, where they may then be
considered for release.
The waiting time can be lengthy
(up to 2 years) and it could take a further 18 months to 2 years, to move
through the PIPE process.
Release is not guaranteed at the
end of that!
If either HMP GRENDON or HMP
DOVEGATE Therapeutic Communities are suggested as an alternative option, these
should not be accepted without seeking the advice of a suitably experienced
prison lawyer or independent professional advice!
HMP GRENDON and DOVEGATE provide
very intense therapeutic treatment, and prisoners are expected to be there for
at least 2 years ( many find them selves there for 3 to 4 years) with no
release having completed the therapy, and the potential for other offending
behaviour work being recognised whilst there!
A move to these prisons should
only be considered if the prisoner agrees that he needs therapy for major
issues. It should always be voluntary and not a forced decision ...
After therapy it could mean that
a further period in a category C prison may be recommended before any release
could be considered, possibly 18 month to 2 years.
The Parole Board could then
decide that the prisoner needed to be tested in Open Conditions, meaning a
potential for a further 2 years before release!
Once transfer to either TC is
placed onto a sentence plan, it can be a battle to remove it.
IF A MOVE TO PIPE HAS BEEN
CONSIDERED ACCEPTABLE BY ALL PARTIES AT A PAROLE HEARING, IT IS NEVER A
POSITIVE MOVE TO ACCEPT A MOVE INTO AN INTENSE THERAPEUTIC REGIME, WHICH COULD
MEAN A FURTHER 4 - 6 YEARS IN PRISON ....
Rates of re offending were lower for those serving longer jail terms than shorter.
………...……………………………………………………………..
Useful links
Legal Aid https://www.gov.uk/check-legal-aid
advocate. https://weareadvocate.org.uk/
https://www.blackstonechambers.com/barristers/monica-carss-frisk-qc/
https://www.focusondisability.org.uk/law-centre.htmlcriminal injuries compensation https://www.chba.org.uk/find-counsel/pro-bono-access
https://www.lawworks.org.uk/
https://www.serjeantsinn.com/our-approach/pro-bono/
………………………………......…………………...……………………..
www.russellwebster.com
https://www.dailymail.co.uk/femail/article-7469861/Crime-Punishment-Prisoner-IPP-sentence-struggles-extreme-self-harm.html
https://maosoo3h.com/2019/09/crime-and-punishment-prisoner-with-ipp-sentence-struggles-with-extreme-self-harm/.html
https://www.newstatesman.com/politics/uk/2017/08/im-blame-blunketts-indefinite-prison-sentences-and-thousands-still-locked
https://www.inquest.org.uk/charlotte-nokes-inquest-opens
https://www.kentonline.co.uk/sheerness/news/murderer-hanged-himself-while-on-hourly-observations-213517/
https://inews.co.uk/culture/television/crime-and-punishment-when-its-on-c4-tonight-what-to-expect-from-the-doc-series-615183http://www.prisonreformtrust.org.uk/WhatWeDo/Projectsresearch/Mentalhealth
https://www.bbc.co.uk/news/uk-50239811?fbclid=IwAR39E1x3ngMbjoNY7609lfXTXm8ISgnK_AnlfIYrn7nGD3PFnf_3xVa2hj4 https://www.bbc.co.uk/news/uk-50239811?fbclid=IwAR1mE4pt21xoo29Jd8um6j1kHh0nYGKcBtLS8HjzDe98_uynsoUxZWnPRaI
https://www.mylondon.news/news/west-london-news/family-demand-answers-after-wormwood-15229630
https://www.charterchambers.com/news/release-directed-for-recalled-ipp-prisoner/
https://www.no5.com/media/news/bbc-1-interviews-philip-rule-concerning-ipp-sentences-aired-12th-september/
https://gcnchambers.co.uk/imprisonment-for-public-protection-ipp-and-the-continuing-impact-today/
https://www.charterchambers.com/news/release-directed-for-recalled-ipp-prisoner/
https://www.no5.com/media/news/bbc-1-interviews-philip-rule-concerning-ipp-sentences-aired-12th-september/
https://gcnchambers.co.uk/imprisonment-for-public-protection-ipp-and-the-continuing-impact-today/
No comments:
Post a Comment
comment
Note: only a member of this blog may post a comment.