A man jailed under a controversial Imprisonment for Public Protection (IPP) sentence ended up taking his own life in jail ten years later.
Gary Sheehan was handed the IPP sentence for minor crime and was told he would have to serve at least 24 months but he was never released. He had his sentence increased in 2017 after absconding from an open prison carrying a knife.
After that he was moved to HMP Full Sutton near Pocklington in 2018. A year later he was due to be moved to an open prison following a Parole Board hearing but was sent to Hull Prison instead. He was found dead in his cell in June 2020, aged in his 50s, having taken his own life.
Read more:Multiple failings identified after burglar found dead in cell at Hull Prison
Sheehan was the subject of an IPP sentence which were introduced in April 2005. They were designed to protect the public from serious offenders whose crimes did not merit a life sentence.
Offenders sentenced to an IPP are set a minimum term (tariff) which they must spend in prison. After they have completed their tariff they can apply to the Parole Board for release. If offenders are given parole they will be on supervised licence for at least 10 years. If offenders are refused parole they can only apply again after one year.
but they were widely criticised after leaving offenders of relatively minor crimes rotting in prison for years. They were abolished in 2012 but not retrospectively which means those handed IPPs remain subjected to them
In June 18, staff moved Sheehan to the VP wing after he said he was under threat from other prisoners. Two days later, he cut his wrists after alleging he remained under threat from other prisoners on the VP wing. Staff started suicide and self-harm procedures (known as ACCT).
On June 21 at around 3.50pm, during an ACCT check, staff found Sheehan hanging in his cell. Staff called a medical emergency code and started CPR. Healthcare staff attended shortly afterwards and continued with CPR. Paramedics arrived and took over resuscitation attempts, but they were unsuccessful and they pronounced Sheehan’s death at 4.45pm.
But Prison Ombudsman Ms McAllister found few areas of concern at either Full Sutton or Hull but did make some recommendations, particularly regarding the healthcare staff.
In the report she said: “We found that, on balance, staff at Full Sutton and Hull investigated Mr Sheehan’s allegations that he was being threatened by other prisoners and supported him as far as they could with the information available to them. We also found that staff at Hull managed the ACCT procedures appropriately.
“We found no evidence that staff at Full Sutton told Mr Sheehan why he was moving to Hull rather than to open conditions as recommended by the Parole Board. However, we consider that the move to Hull was reasonable as a short-term measure and was probably not a significant factor in Mr Sheehan’s death.
IPP As at 30 September 2021, there were 9,254 (8,306 male; 326 female) indeterminate sentenced prisoners (those serving Imprisonment for Public Protection (IPP) sentences and life sentences). Although this represents a slight overall decrease (-2%), there was a 24% increase in the number of prisoners serving indeterminate sentences in the 18-20 years age bracket when compared with 30 September 2020.
The number of unreleased prisoners (6,971) serving life sentences is
broadly unchanged from one year ago but there was a small (5%) decrease in the
number of prisoners still held beyond their tariff expiry date. The number of
unreleased IPP prisoners fell by 12% to 1,661. At point of sentencing,
offenders are given a minimum time period (“tariff”) that they need to serve in
prison before they can apply to the Parole Board for release. The majority of
the unreleased IPP prisoners have been held for more than eight years beyond
the end of their tariff.
The number of recalled prisoners serving life
sentences increased by 10% to 658 when compared to September 2020 whilst the
number of recalled Imprisonment for Public Protection (IPP) prisoners was
unchanged from one year ago.
45% served more than 10 years longer than the tariff they were given. Since December 2022, 98% of people serving an IPP sentence who had never been released from prison, were past their tariff expiry date. Numbers originally given a tariff of less than two yearwas
INQUEST has supported 27 bereaved families of IPP prisoners who died between 2008 to 2021. In what follows, we outline the circumstances of the deaths of six IPP prisoners. Their deaths highlight key issues in the IPP sentence.
The sentence was abolished in 2012, although existing IPP prisoners continue to serve their sentences.
The Prison and Probation Ombudsman (PPO) has investigated several cases, related to both deaths in prison and complaints, of prisoners who were serving IPP sentences over the years. Between 2007 and 2018 the PPO investigated 54 self-inflicted deaths of prisoners serving IPP sentences.
The following case studies highlight examples of these cases.
Case Study A
Mr A, who was 35, received an IPP sentence for robbery with a tariff of two years and nine months. After five years in custody he was released, but three years later he returned to prison when he breached the terms of his licence.
During the three years after his return to prison, he repeatedly told staff he could not cope with his sentence and sought help from healthcare for anxiety. He was often challenging to manage.
Three weeks before he died, Mr A was moved to the segregation unit after he and two other prisoners barricaded themselves in a cell. That evening, Mr A made cuts to his wrist and staff began ACCT procedures. He was assessed by the mental health team, GPs and a psychiatrist. He was offered medication for anxiety and depression but often refused to take it because he said it made him feel worse.
Mr A said his IPP sentence was “killing him” and that he was concerned at plans to recategorise him from category C to B, which he feared would mean a move to a prison further from his family. He repeatedly told staff that he would kill himself after his next visit from his family.
Mr A’s mother visited him a week later. On the same day, he was told he was being recategorised to B. At an ACCT review that afternoon, staff considered that Mr A’s risk of suicide and self-harm had increased but they did not increase the frequency with which he was checked (which remained at once an hour). In the early hours of the next morning, an officer found Mr A hanged in his cell.
Case Study B
Mr B entered custody as a teenager on a short minimum tariff. When he complained to the PPO, he had been in prison for over 10 years. He had recently been recategorised from C to B and transferred to a new prison. He believed these decisions were unfairly impeding his progress.
Mr B believed that returning to his previous prison was important for his release because he had been working well with his therapist and had access to an onsite therapeutic community, a facility his new prison lacked.
Mr B wrote to us about the decision to recategorise and transfer him. Our investigation found that while Mr B had worked hard to reduce his risk of serious harm, we also found evidence of poor behaviour and control issues, and did not uphold this part of his complaint. Further, we agreed that Mr B’s behaviour presented a challenge to the prison and likely had an impact on other prisoners.
We were concerned about the case more broadly, however. While we found that efforts had been made to secure a progressive transfer for Mr B, he was essentially still in prison due to his poor behaviour. We felt that a failure of provision (specifically – the inability to locate Mr B with a therapeutic community and the inability to address his decline in behaviour) were preventing Mr B from making progress. We called for a review of the case and that this review should assess Mr B’s sentence plan and provide further support for progression.
Case Study C
Mr C received an IPP sentence with a tariff of three years. After seven years in custody, the Parole Board recommended a transfer to open conditions to prepare for release. He was recategorized to D and transferred, and was looking forward to proving himself and working towards his release. Later that year, he was approved to begin community work, made eight unescorted visits in the community and completed offending behaviour programmes.
Two days before Mr C’s death, he was accused of assaulting a prisoner and was moved to the segregation unit during the investigation. While there, Mr C was safety screened and assessed, at which point he said he was fine and made no complaints. The following morning, a duty manager visited Mr C and recorded that he seemed in good spirits. That afternoon an officer delivered a letter confirming Mr C was being transferred. It read: ‘It is alleged you assaulted another offender. You are to be moved to closed conditions pending police investigation’. That officer delivering the letter recorded that he took the news well.
Mr C was assessed by staff on arrival in his new prison. They were told he had not self-harmed, did not have a history of depression or thoughts of suicide, and concluded that he was not at risk of suicide. At reception, however, he called his father and said: ‘All right man, it’s coming back here and all that going through the same procedure again, feel like proper locked up again not even getting up’.
That night Mr C was not placed on special monitoring measures as he was found to not be at risk. At morning roll check, he was found hanging with jogging bottoms tied around his neck. Arriving paramedics assessed that he had been dead for some time.
Our investigation found several issues with the management of Mr C’s risk of suicide. During the two days he spent in segregation, he was assessed as not being at risk of suicide. We did not find staff had considered that Mr C’s new circumstances had increased his risk as an IPP prisoner. We also found that on arrival at closed conditions, again staff concluded that Mr C was not at risk of suicide. There was no evidence that staff had considered that Mr C’s transfer might have added considerable time to his sentence.
We recommended that prisons should ensure that all the known risk factors for newly arriving prisoners are fully considered and documented when determining an individual’s risk of suicide and self-harm.
As at September 2019, 2,059 prisoners continue to serve an IPP sentence in custody. We are aware of initiatives in HMPPS to identify, and prioritise, those cases where people are over tariff and not progressing towards release.
Inquest concludes into death of IPP prisoner Charlotte Nokes seven years over original tariff.
Before HM Assistant Coroner Simon MilburnHuntingdon Town Hall
24 February – 3 March 2020
The inquest into the death of Charlotte Nokes has today concluded with the jury finding her death was by ‘natural causes’. Charlotte was 38 when she was found dead in her cell in HMP Peterborough on the morning of 23 July 2016. She was serving an indefinite Imprisonment for Public Protection (IPP) sentence and was over seven years over the minimum tariff when she died.
The jury concluded the medical cause of Charlotte’s death was “Sudden Arrhythmic Death Syndrome”. The coroner’s decision on whether to write a follow up report to Prevent Future Deaths is awaited. The family hope their concerns around the adequacy of cell observations, and the risk of suicide for IPP prisoners, will be highlighted.
Known to her family as Charlie or Lottie, they described her as funny, intelligent, charismatic and creative. She was an extremely talented artist whose work was exhibited by the Koestler Trust. She developed her passion for art whilst in prison and had been offered a scholarship to study at Central St Martins on release.
Charlotte was given an IPP sentence on 4 January 2008. She was to serve a minimum term of 15 months imprisonment. However, at the time of her death, she had served 8½ years in custody. The jury heard that the indefinite nature of Charlotte’s sentence, and her fear that she would never be released from prison, contributed to a sense of extreme hopelessness. She described her sentence to her family as a death sentence. The inquest heard that despite being seven years over tariff, Charlotte was only at the very early stages of being ready to engage with the therapeutic help she needed to begin the path to release.
The inquest heard that Charlotte had been diagnosed with a Personality Disorder and was prescribed a number of antipsychotic drugs to treat her symptoms. In the months leading up to her death, she often appeared over-sedated, drowsy and was slurring her speech. The jury heard that some of her depot medication was administered for unusually long periods.
At the time of her death, Charlotte was placed on suicide and self-harm monitoring procedures, known as Assessment, Care in Custody and Teamwork (ACCT) after she had attempted to take her life. Charlotte was on twice hourly observations as part of the ACCT process. Despite this, the inquest jury heard that she died a number of hours before she was found at 08:35, despite documented welfare checks throughout the night and concerns about her welfare.
On the morning of 23 July 2017, Charlotte was checked at 07:23, 07:53 and 08:12. She was noted to be asleep in an upright position. At 08:30 another officer looked through the observation panel to Charlotte’s cell. She noted that Charlotte appeared to have been in the same strange sleeping position as the night before – she was sitting upright and slumped forward. She unlocked Charlotte’s cell and called her name. There was no response. She called Charlotte’s name and again there was no response. She then shook Charlotte’s shoulder and noticed that she was cold to touch, her whole body was stiff and her face was “very red and dark purple, further than bruising”. She raised the alarm. Paramedics arrived but by that time Charlotte could not be resuscitated. She was pronounced dead at 08:55. The evidence of the pathologist was that Charlotte had died some time before she was discovered, possibly 3-4 hours earlier.
On behalf of her family, Charlotte’s father Steven Nokes said: “As a family, we remain concerned about the way Charlotte was treated in prison and do not believe the care she received was appropriate. She had many struggles in life, was beaten up for being ‘different’ and experienced mental ill health. Prison was never the best place for her. The indefinite sentence only made this worse. Charlotte lost hope and so did we. She told us the IPP sentence was really a life sentence, and despite her hopes and dreams of moving to London to study art, she knew she would die in prison. This cannot continue.”
Steven spoke in detail to The Guardian during the inquest.
Deborah Coles, Director of INQUEST,
said: “Charlotte was trapped in limbo, her ambitions and prospects indefinitely on pause. She was forced to wait for action to truly end IPP sentences, despite them having long been deemed unlawful and ‘abolished’. Had she not died it is likely she would have still been in prison waiting for that action, as many others are.
For far too many women, prison remains a disproportionate and inappropriate response to their behaviour and needs. Indefinite sentences continue to cause additional harm. To prevent further deaths and harm, Government must work across health, social care and justice departments to dismantle failing women’s prisons and invest in specialist community led women’s services.”
Tara Mulcair of Birnberg Peirce who represents Charlotte’s family
said: “Charlotte’s inquest has shone a light on the injustice faced by IPP prisoners. Charlotte was caught in a vicious cycle of indefinite incarceration, which created a strong sense of hopelessness and exacerbated her poor mental health, which in turn led to her continued detention. In Charlotte’s mind, there was no prospect of release, as is the case for many still serving IPP sentences. There should now be an urgent review of all IPP prisoners who are over tariff and were sentenced before the Courts recognised that these sentences are unlawful. It is time to put right this injustice.”
Tommy Nicol died in 2015
After trying to take his own life two years past his four-year minimum tariff./2019/jan/10/family-ipp-prisoner-tommy-nicol-indeterminate-sentence
Karl Maroni, 33, has spent all his adult life in jail.Aged 18 he committed a offence and was convicted.He was told the minimum time he'd be in prison would be three and a half years.But 16 years and 17 jails later he's still there, "left to rot", he says.He's never had a bank account, never owned a smartphone and never used social media.Speaking from the low-secure mental unit where he's currently detained, he says he's come close to "giving up"."I was self-harming, getting into trouble, feeling really low and depressed, not knowing when I was going to get out," he said. sadly numbers are landing up in mental institutions as a direct result of not being given a release date.
INQUEST into death of IPP sentenced prisoner Lewis Powter
The below media release is reshared from Bhatt Murphy solicitors. The inquest concluded with critical findings, see media coverage.
18 July 2022
The inquest into the death of Lewis Powter is to be heard before HM
Assistant Coroner Lorna Skinner at Cambridge and Peterborough Coroner’s Court
in Huntingdon on 18 – 19 July 2022. Lewis Powter was 36 years old when he died
on 10 May 2020 at his home in Sawston.
Background
When he was 23 years old Lewis was given an indefinite sentence for public
protection for GBH; his minimum term was set at just two years. Despite his
tariff expiring in 2009 Lewis was not released until 2011. He was released and
then recalled five times prior to his death.
In prison he was assessed as high risk of death . On 18 January 2017 Lewis was assaulted by three Sodexo
officers at HMP Peterborough. Those officers were subject to disciplinary
proceedings leading to the dismissal of one officer, another officer receiving
a final warning and a third officer receiving a warning. Since the assault
Lewis experienced PTSD symptoms including hypervigilance.
In June 2019 Lewis was recalled after being out in the community for
four days following being late back for his curfew due to cancelled public
transport. The National Probation Service in a report stated that the recall
was “inappropriate” but despite this Lewis was not released until November
2019. Upon his release he experienced extreme anxiety and fear about being
recalled to prison.
In 2008 HM Prisons published a thematic report into IPP sentences which
highlighted the impact of serving an IPP sentence on prisoners’ emotional and
mental health, including self-harm. In 2008 the Sainsbury Centre for Mental
Health also published a report which highlighted the negative impact that
serving an indeterminate sentence had on prisoners’ mental health and
wellbeing. In 2012 the IPP sentence was abolished; but for those IPP prisoner
like Lewis there was no change to their sentence.
Leah Biamonti, Lewis's mother, said: "The IPP sentence my son
was serving at the time of his death was insufferable both for him but also the
family who supported him, taking a great toll. His two children, growing up
without him, were confused by his multiple recalls to prison.
Although released from prison for the first time in 2011, it felt as if
it was just the beginning , never given the opportunity to adjust to anything
that could be recognised as a semblance of a ‘normal’ life, before being
recalled for a rule break, to start the protracted cycle again of working
towards another potential release. Each release characterised by a lack of
practical support and , in my view, especially with early release’s, a lack of
understanding of the extent to which the IPP sentence impacted on the mental
and emotional health of individuals, extreme feelings of uncertainty,
hopelessness, depression , and as we know now high rates of suicide in the IPP
population, and in my sons case extreme and immobilising anxiety.
In our experience there are insufficient support systems in place to
support those with complex needs as a result of, or exacerbated by an IPP
sentence, relying heavily on family to help rebuild a future in the community.
Although it no longer exists , the IPP sentence remains in place for many who
are utterly stuck within a sick and broken system.
Release from prison is not the end, it is a time when knowledge and
understanding of the impact of this inhumane sentence matters, and when the
most intensive support is needed to aid both practical and psychological
readjustment to life outside prison, and to support the prevention of what is
currently an almost inevitable recall to prison."
Lucy McKay, spokesperson for the charity INQUEST, said: “The evidence on
the harmful impacts of unlawful indefinite prison sentences is clear and well
founded. Yet thousands of people are still languishing in prison with IPP
sentences, or living in the community with the endless threat of recall for the
most minor slip ups. IPP sentences were rightly abolished in 2012, so why in
2020 was Lewis still forced to live with this unjust sentence on his shoulders?
We hope this inquest offers necessary scrutiny of the circumstances of his
death, and considers ongoing issues for those in a similar position”
IPP As at 30 September 2021, there were 9,254 (8,306 male; 326 female)
indeterminate sentenced prisoners (those serving Imprisonment for Public
Protection (IPP) sentences and life sentences). Although this represents a
slight overall decrease (-2%), there was a 24% increase in the number of
prisoners serving indeterminate sentences in the 18-20 years age bracket when
compared with 30 September 2020.
The number of unreleased prisoners (6,971) serving life sentences is
broadly unchanged from one year ago but there was a small (5%) decrease in the
number of prisoners still held beyond their tariff expiry date. The number of
unreleased IPP prisoners fell by 12% to 1,661. At point of sentencing,
offenders are given a minimum time period (“tariff”) that they need to serve in
prison before they can apply to the Parole Board for release. The majority of
the unreleased IPP prisoners have been held for more than eight years beyond
the end of their tariff.
The number of recalled prisoners serving life
sentences increased by 10% to 658 when compared to September 2020 whilst the
number of recalled Imprisonment for Public Protection (IPP) prisoners was
unchanged from one year ago.
45% served more than 10 years longer than the tariff they were
given. Since December 2022, 98% of people serving an IPP sentence who had
never been released from prison, were past their tariff expiry date. Numbers
originally given a tariff of less than two years.
INQUEST into death of IPP prisoner Lewis Powter
The below media release is reshared from Bhatt Murphy solicitors. The
inquest concluded with critical findings, see media coverage.
18 July 2022
The inquest into the death of Lewis Powter is to be heard before HM
Assistant Coroner Lorna Skinner at Cambridge and Peterborough Coroner’s Court
in Huntingdon on 18 – 19 July 2022. Lewis Powter was 36 years old when he died
on 10 May 2020 at his home in Sawston.
Background
When he was 23 years old Lewis was given an indefinite sentence for public
protection for GBH; his minimum term was set at just two years. Despite his
tariff expiring in 2009 Lewis was not released until 2011. He was released and
then recalled five times prior to his death.
Lewis had epilepsy and complex mental health needs including EUPD, PTSD,
substance misuse and anxiety. In prison he was assessed as high risk of death
by misadventure. On 18 January 2017 Lewis was assaulted by three Sodexo
officers at HMP Peterborough. Those officers were subject to disciplinary
proceedings leading to the dismissal of one officer, another officer receiving
a final warning and a third officer receiving a warning. Since the assault
Lewis experienced PTSD symptoms including hypervigilance.
In June 2019 Lewis was recalled after being out in the community for
four days following being late back for his curfew due to cancelled public
transport. The National Probation Service in a report stated that the recall
was “inappropriate” but despite this Lewis was not released until November
2019. Upon his release he experienced extreme anxiety and fear about being
recalled to prison.
In 2008 HM Prisons published a thematic report into IPP sentences which
highlighted the impact of serving an IPP sentence on prisoners’ emotional and
mental health, including self-harm. In 2008 the Sainsbury Centre for Mental
Health also published a report which highlighted the negative impact that
serving an indeterminate sentence had on prisoners’ mental health and
wellbeing. In 2012 the IPP sentence was abolished; but for those IPP prisoner
like Lewis there was no change to their sentence.
Leah Biamonti, Lewis's mother, said: "The IPP sentence my son
was serving at the time of his death was insufferable both for him but also the
family who supported him, taking a great toll. His two children, growing up
without him, were confused by his multiple recalls to prison.
Although released from prison for the first time in 2011, it felt as if
it was just the beginning , never given the opportunity to adjust to anything
that could be recognised as a semblance of a ‘normal’ life, before being
recalled for rule breaking, to start the protracted cycle again of working
towards another potential release. Each release characterised by a lack of
practical support and , in my view, especially with early release’s, a lack of
understanding of the extent to which the IPP sentence impacted on the mental
and emotional health of individuals, extreme feelings of uncertainty,
hopelessness, depression , and as we know now high rates of suicide in the IPP
population, and in my sons case extreme and immobilising anxiety.
In our experience there are insufficient support systems in place to
support those with complex needs as a result of, or exacerbated by an IPP
sentence, relying heavily on family to help rebuild a future in the community.
Although it no longer exists , the IPP sentence remains in place for many who
are utterly stuck within a sick and broken system.
Release from prison is not the end, it is a time when knowledge and
understanding of the impact of this inhumane sentence matters, and when the
most intensive support is needed to aid both practical and psychological
readjustment to life outside prison, and to support the prevention of what is
currently an almost inevitable recall to prison."
Lucy McKay, spokesperson for the charity INQUEST, said: “The evidence on
the harmful impacts of unlawful indefinite prison sentences is clear and well
founded. Yet thousands of people are still languishing in prison with IPP
sentences, or living in the community with the endless threat of recall for the
most minor slip ups. IPP sentences were rightly abolished in 2012, so why in
2020 was Lewis still forced to live with this unjust sentence on his shoulders?
We hope this inquest offers necessary scrutiny of the circumstances of his
death, and considers ongoing issues for those in a similar position”
Leah Biamonti is represented in the forthcoming inquest by Jane Ryan of Bhatt Murphy solicitors and Stephen Clark of Garden Court chambers. For further information please contact: j.ryan@bhattmurphy.co.uk
INQUEST
has supported 27 bereaved families of IPP prisoners who died between 2008 to 2021. In what follows, we outline the circumstances of the deaths of six IPP prisoners. Their deaths highlight key issues in the IPP sentence.
Introduction, Written evidence from INQUEST
INQUEST on related deaths and their investigation. For four decades, The inqesat has provided expertise to bereaved people, lawyers, advice and support agencies, the media and parliamentarians. Our specialist casework includes deaths in prison and police custody, immigration detention, mental health settings and deaths involving multi-agency failings or where wider issues of state and corporate accountability are in question. INQUEST’s Executive Director, Deborah Coles, sits on the cross-government Ministerial Board on Deaths in Custody a member of the Independent Advisory Panel on Deaths in Custody.
IPP Prisoners
The inquest welcomes the Justice Committee’s new inquiry into Imprisonment of (IPP) sentences in prison. In this submission, we provide an overview of the detrimental consequences of IPP sentences for prisoners informed by our casework and expertise on investigations and inquests into deaths.
Prisons, by their very nature, are dehumanising places which create and intensify vulnerability. This is further heightened for the 1,661 people who remain on indeterminate sentences, not knowing when they will be released. INQUEST has worked on a number of deaths in prison which have been linked to the harms of IPP sentences. In this submission, we draw attention to the way in which the IPP sentence has a severely harmful impact on the mental and physical health of prisoners. We highlight the deaths of three men, one woman and two anonymous people whose experiences reflect the damaging and fatal effects of the IPP sentence. We make recommendations to bring an end to the harm caused to prisoners and their families by IPP sentences.
Overview
According to the most current statistics[1] released by the Ministry of Justice, there were a total of 1,661 people imprisoned under IPP sentences as of 30 September 2021. The percentage of post-tariff IPP prisoners continues to rise: 96% of IPP prisoners were post-tariff in June 2021 compared to 94% in June 2020[2] and 91% in March 2019[3]. As of 30 September 2021, the majority of unreleased IPP prisoners had been held for more than eight years beyond the end of their tariff[4]. Furthermore, the number of recalled IPP prisoners grew by 184% from 477 to 1,357 from 30 September 2015 to 30 September 2020[5]. As of 30 September 2021, 1,357 IPP prisoners had been recalled to custody[6] [7]. Bereaved families that INQUEST has worked with have also said that IPP prisoners often struggle to gain placement on rehabilitation courses that are required by the Parole Board for release[8].
The Independent Advisory Panel on Deaths in Custody stated in their 2019 briefing paper[9] that, “the close links between hopelessness, self-harm and suicide … suggests that IPP prisoners are a particularly vulnerable group in custody and – as the number over-tariff grows – the risk is thought to be increasing”. IPP prisoners have been shown[10] to suffer disproportionately high rates of self-harm, with a self-harm rate of 550 per 1000 prisoners compared to 324 per 1000 prisoners for determinate-sentenced prisoners. The self-harm rate of IPP prisoners is more than twice as much as that of prisoners serving life sentences. Since the IPP sentence was introduced in 2005, UNGRIPP state that 70 people serving IPP sentences have taken their own lives[11].
Case Studies
In what follows, we outline the circumstances of the deaths of six IPP prisoners. Their deaths highlight key issues in the IPP sentence.
Tommy Nicol was a 37-year-old mixed-race White and Middle Eastern man
who died at Watford General Hospital on 25 September 2015 after being
found with a ligature around his neck in his cell at HMP The Mount three days
earlier. In November 2009, Tommy received an IPP sentence with a minimum term
of four years, but at the time of his death he had served six years
with no immediate hope of being released. In January 2015, Tommy made a
complaint to the prison in which he described his inability to progress in his
IPP sentence towards release as “psychological torture of a person who is
doing 99 years”. In June 2015, the Parole Board’s review of Tommy’s
sentence concluded that Tommy should do further “motivational and
psychological” work before release, recommending that he complete a course
of therapy, but Tommy was unable to secure a place. Tommy
expressed frustration about not being able to do the required therapy
course ahead of the review, with his next Parole Board review not due until
February 2017. After the Parole Board review, Tommy’s mental health
deteriorated until the time of his death, as he seriously self-harmed and when
moved to segregation, began displaying psychotic symptoms. Tommy received
no mental health support in the four days he spent in segregation, despite
spending over 24 hours in an unfurnished cell.
The inquest heard evidence from consultant forensic psychiatrist Dr Dinesh Maganty, who said that the IPP sentence had contributed to Tommy’s death “more than anything else” as it made him “lose hope”. Dr Dinesh Maganty described Tommy’s risk level on the day of his death as the highest it could have been, referring to the “perfect storm of risk factors” including his IPP sentence. Tommy’s sister, Donna Mooney, said “My brother was jailed for a minimum term of four years, yet two years after he had completed his tariff, he was still in jail. Tommy became more and more desperate, but nobody would listen to him. The prison authorities didn’t even carry out a mental health assessment despite his very high risk of self-harm and suicide.”
Charlotte Nokes[14]
Charlotte Nokes was a 38-year-old woman who was found dead in her cell at HMP Peterborough on the morning of 23 July 2016. The inquest jury concluded the medical cause of Charlotte’s death was Sudden Arrhythmic Death Syndrome. In 2008, Charlotte was sentenced to an IPP sentence with a minimum term of 15 months, but at the time of her death, Charlotte had been in prison for over eight and a half years. Charlotte had mental and physical health diagnoses including borderline personality disorder and premenstrual dysphoric disorder. In the months leading up to her death, Charlotte was prescribed heavy doses of medication to treat her mental and physical health that left her appearing heavily sedated. At the time of her death, she was placed on an ACCT (Assessment, Care in Custody and Teamwork - the care planning process for prisoners identified as being at risk of suicide or self-harm) after she had attempted to take her life.
The inquest jury heard that despite being seven years over tariff, Charlotte was only at the early stages of being ready to engage with the therapeutic help she needed to begin the path to release. Furthermore, the inquest heard that the indefinite nature of Charlotte’s sentence, and her fear that she would never be released from prison, contributed to a sense of extreme hopelessness. Charlotte described the IPP sentence as a death sentence to her family. Nicky Asplin, the principal counselling psychologist who worked with Charlotte in the months before she died, told the inquest jury that during a therapy session shortly before her death, Charlotte expressed “a lot of frustration at the never-ending sentence of an IPP prison sentence”[15]. Tara Mulclair of Birnberg Peirce who represented Charlotte’s family at the inquest, said that Charlotte’s indefinite incarceration “created a strong sense of hopelessness and exacerbated her poor mental health”.
Charlotte’s father, Steven Nokes, said, “She had many struggles in life, was beaten up for being ‘different’ and experienced mental ill health. Prison was never the best place for her. The indefinite sentence only made this worse.”
Shane Stroughton[16]
Shane was a 29-year-old man who died shortly after he was found hanging at HMP Nottingham on 13 September 2017. Shane had a well-documented history of depression and anxiety. At the age of 19, Shane received an IPP sentence with a minimum tariff of two and a half years. However, he remained in prison for close to ten years, and was released on 13 June 2017 having served in excess of six years over his original tariff. In July 2017, Shane was recalled to prison and placed at HMP Nottingham, where he was immediately identified as a high risk of suicide having used a ligature in police custody. A few days after arriving at HMP Nottingham, Shane set fire to his cell and used another ligature, making himself unconscious. In August 2017, Shane was placed on an ACCT. Despite this measure and the fact that his family had called the prison to say that he appeared to have lost two stone in weight, records suggest that the prison interacted little with Shane after that.
The jury at Shane’s inquest heard evidence that Shane had lost 20% of
his body weight in six weeks and that by the time of his death, he had a Body
Mass Index that meant he was underweight and malnourished – but the prison
did not pick this up. On 11 September, Shane was told he was to be re-released,
but his probation officer was working with four or five times the appropriate
caseload and could not spend any time with him. Following the inquest,
Shane’s mother, Deborah, said, “So much went wrong in Shane’s case. The IPP was
vicious. He had a two-and-a-half-year term but did ten, and it made his mental
health problems worse and also institutionalised him. He could
not cope with freedom and so was recalled quickly.”
Kelvin Speakman[17]
Kelvin was a 30-year-old man who died after being found with a ligature
at HMP Hewell on 9 May 2016. In 2007, Kelvin received an IPP sentence with a
minimum term of two years, but at the time of his death, he had been in
prison for nine years. Despite repeated self-harm incidents and suicide
attempts, Kelvin was never transferred to a secure mental health unit, even
though consultant psychiatrists had twice recommended it. The inquest
found multiple failings, especially in the assessment and care of
prisoners at risk of self-harm and suicide. The PPO report[18] into
Kelvin’s death echoed these findings, stating that Kelvin did not have the
required mental health assessments to safeguard against his continued
segregation. Kelvin’s older brother, Lee Dobson, told the Guardian “We
knew he was frustrated at his lack of progress, but he always put on a
brave face for us., If we had known, we could have at least tried to talk him
through his hard times. Instead, he died without help from us, or the system.”
Two other INQUEST cases: Case A and Case B[19]
Case A concerns the self-inflicted death of an IPP prisoner. The Prisons and Probation Ombudsman found that the indeterminate nature of the IPP sentence caused great anxiety for the prisoner, and that it was not difficult to come to the conclusion that the IPP sentence and its associated uncertainty played a significant role in the prisoners’ decision to take their own life.
Case B concerns the self-inflicted death of an IPP
prisoner. The coroner informed the Prison’s Minister that they
must act to prevent other IPP prisoners dying in a similar way. The
coroner also stressed that the prison system is inadequate to meet the needs of
IPP prisoners who have a heightened risk of self-harm compared to other
prisoners. In particular, the coroner cited the infrequent nature
of Parole Board hearings and the lack of support for complex
mental health issues.
Key issues
The circumstances of the six deaths
outlined above highlight the following key issues:
The indeterminate nature of IPP sentences creates a sense of hopelessness
and despair for prisoners. This is worsened by the high probability
that such prisoners will remain in prison well beyond completion
of their minimum tariff and that many will
be recalled owing to the indefinite nature of the license. Consequently,
IPP sentences often exacerbate pre-existing mental ill health and induce mental
ill health for those who did not previously have it.
The sense of hopelessness and despair experienced by IPP prisoners
combined with the adverse mental health consequences of the IPP sentence
mean that IPP prisoners are especially vulnerable and are at a
disproportionately high risk of self-harm and self-inflicted death.[20] For
example, in all four of the non-anonymous cases
listed above, the individuals had self-harmed and/or previously attempted
to take their own life before their death. In five out of six of
the cases, the individuals died self-inflicted deaths.
Despite their vulnerability, IPP prisoners are not always
accurately assessed as needing mental health support and sometimes receive
inadequate care or none whatsoever.[21]
IPP prisoners sometimes struggle to gain a place on rehabilitation
courses which are a requirement by the Parole Board for release,
which prolongs their stay in prison. This, coupled with
irregular Parole Board hearings, exacerbates their sense of
hopelessness and despair which has an adverse impact on their mental
health.
The sense of hopelessness and despair experienced by IPP prisoners
combined with the adverse mental health consequences of the IPP sentence can
worsen pre-existing physical health issues and result in new
physical health issues, which can go unnoticed.
Recommendations. The Justice Committee must:
Take full account of the inherent risk posed by the IPP sentence to prisoners mental and physical health and the evidence of increased self-harm and suicide in its identification of “possible legislative and policy solutions” to the IPP sentence.
Recommend concrete steps to prevent future harm and deaths of IPP prisoners, including consideration of abolishing the IPP sentence retroactively.
HMPPS must:
Prioritise IPP prisoners for engagement in programmes that assist their
case at Parole Board hearings. Given their lack of confidence in the
system, consideration should be given to the provision of independent advocacy
to support their appropriate engagement.
Convey clear information regularly to IPP prisoners about their
sentences, including upcoming Parole Board hearings.
Allocate a substantial budget for enhanced mental health screening and support, substance abuse, housing, employment, and community reintegration to holistically support all IPP prisoners.
INQUEST is aware of some inquest hearings where the IPP sentence itself was not regarded as relevant to the death and was not allowed to be discussed. Therefore, we believe that investigatory bodies and the coroner service must:
Ensure that the nature and impact of the IPP sentence are fully examined in any investigation or inquest into the death of an IPP prisoner. Independent investigation and scrutiny of deaths can play an important role in drawing attention to failing systems and processes as well as to actions needed to prevent future deaths.
[1] Ministry of Justice “Offender management statistics quarterly: April to June 2021” https://www.gov.uk/government/statistics/offender-management-statistics-quarterly-april-to-june-2021/offender-management-statistics-quarterly-april-to-june-2021
[2] Ministry of Justice “Offender management statistics quarterly: January to March 2021” https://www.gov.uk/government/statistics/offender-management-statistics-quarterly-january-to-march-2021/offender-management-statistics-quarterly-january-to-march-2021
[3] Ministry of Justice “Offender Management Statistics Bulletin, England and Wales: Quarterly: October to December 2019” https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/882163/Offender_Management_Statistics_Quarterly_Q4_2019.pdf
[4] Ministry of Justice “Offender management statistics quarterly: April to June 2021” https://www.gov.uk/government/statistics/offender-management-statistics-quarterly-april-to-june-2021/offender-management-statistics-quarterly-april-to-june-2021
[5] Prison Reform Trust’s report “No life, no freedom, no future: The experiences of prisoners recalled under the sentence of Imprisonment for Public Protection” (2020) http://www.prisonreformtrust.org.uk/PressPolicy/News/vw/1/ItemID/954
[6] Ministry of Justice “Offender management statistics quarterly: April to June 2021” https://www.gov.uk/government/statistics/offender-management-statistics-quarterly-april-to-june-2021/offender-management-statistics-quarterly-april-to-june-2021
[7] Ministry of Justice “Offender management statistics quarterly: April to June 2020” https://www.gov.uk/government/statistics/offender-management-statistics-quarterly-april-to-june-2020/offender-management-statistics-quarterly-april-to-june-2020
[8] See the Guardian article (2021) with Donna Mooney’s comments about IPP prisoners struggling to access rehabilitation courses https://www.theguardian.com/society/2021/may/17/england-and-wales-prisoners-taking-fewer-rehabilitation-courses
[9] The Independent Advisory Panel on Deaths in Custody briefing paper “Indeterminate sentences for public protection (IPPs): preventing self-harm and deaths in custody” https://static1.squarespace.com/static/5c5ae65ed86cc93b6c1e19a3/t/5f59bfe535e751014cbeb04f/1599717352035/IPP+briefing+paper+for+Ministers+FINAL.pdf
[10] Prison Reform Trust press release for their report “Prison: the facts 2016” http://www.prisonreformtrust.org.uk/PressPolicy/News/vw/1/ItemID/335
[11] UNGRIPP https://www.ungripp.com/statistics
[12] See INQUEST’s press release on the opening of the inquest into the death of Tommy Nicol https://www.inquest.org.uk/tommy-nicol-opening
[13] See INQUEST’s press release on the conclusion of the inquest into the death of Tommy Nicol https://www.inquest.org.uk/tommy-nicol-conclusion
[14] See INQUEST’s press release on the conclusion of the inquest into the death of Charlotte Nokes https://www.inquest.org.uk/charlotte-nokes-conclusion
[15] See the Guardian article (2020) into the inquest of Charlotte Nokes https://www.theguardian.com/uk-news/2020/feb/25/artists-never-ending-jail-term-led-to-sense-of-hopelessness-inquest-told
[16] See INQUEST’s press release on the conclusion of the inquest into the death of Shane Stroughton https://www.inquest.org.uk/shane-stroughton-inquest-closed
[17] See the Guardian article (2020) on the death of Kelvin Speakman https://www.theguardian.com/society/2020/jan/22/prison-deaths-kelvin-speakman-hmp-hewell-worcestershire?CMP=Share_iOSApp_Other
[18] See the Prisons and Probation Ombudsman independent investigation into the death of Kelvin Speakman https://s3-eu-west-2.amazonaws.com/ppo-prod-storage-1g9rkhjhkjmgw/uploads/2018/12/M042-16-Death-of-Mr-Kelvin-Speakman-in-hospital-Hewell-09-05-2016-SI-22-30-30.pdf
[19] We have anonymised these cases as the prisoners’ families have not consented to INQUEST referencing their names
[20] See the IAP on Deaths in Custody report on “Indeterminate sentences for Public Protection (IPPs): preventing self-harm and deaths in custody (2019)“ https://static1.squarespace.com/static/5c5ae65ed86cc93b6c1e19a3/t/5f59bfe535e751014cbeb04f/1599717352035/IPP+briefing+paper+for+Ministers+FINAL.pdf
[21] See the 2008 Sainsbury Centre for Mental Health report “In the Dark: the mental health implications of Imprisonment for Public Protection”
https://committees.parliament.uk/writtenevidence/41005/html/#:~:text=INQUEST has supported 27 bereaved families of IPP,deaths highlight key issues in the IPP sentence.
://www.theguardian.com/soci
