We cannot say that we have a justice system if we have an innate injustice like this. The sentencing and continued imprisonment of IPP prisoners has just been cruel. The lawyer and campaigner Peter Stefanovic put out an online video about it online video.
Victims and Prisoners Bill Committee Stage Day 7. Promoted by Chris Williams on behalf of The Green Party, both at PO Box 78066, London SE16 9GQ.https://www.youtube.com/watch?v=a1eH07JA4KM
My speech to the House: I rise possibly as an elder, owing to my advanced age; but perhaps not. I would like to support Lord Thomas of Cwmgiedd. As he said, there is almost nothing left to say about these prisoners. It is an injustice. I hope that the Government are considering accepting some of these amendments. We cannot say that we have a justice system if we have an innate injustice like this.
I support the tributes to Lord Blunkett, but also to Lord Moylan, with whom I have almost nothing in common; we have a very tetchy relationship but, on this, I think he is being superlative in working for the rights of IPP prisoners.
As Greens, we believe that prison is overused as a tool of justice. Far too many people are imprisoned when there are much more effective ways of rehabilitation or stopping reoffending. I can understand the anger of people who say that we should lock up serial rapists and murderers and throw away the key. I do understand that anger; but, in this instance, we have, for example, a 17 year-old who steals a bike, or people who grab other people’s mobile phones. This is clearly an injustice; I find it difficult to believe that anybody listening to this would not agree.
The lawyer and campaigner Peter Stefanovic put out an online video about this. It has had 14 million views. A petition to force the Government to debate this again got easily 10,000 signatures. There is massive public support for sorting out this issue. I know that the Government care very much about the will of the British public. The word that came through for me in some of the responses to the video was “cruel”. The sentencing and continued imprisonment of IPP prisoners has just been cruel. Please, let us see some progress on this Bill, then we can all take the Ministers out for a cup of tea.
Read the whole debate here,which is still being debated
Victims and Prisoners Bill Volume 836: debated on Tuesday 12 March 2024
https://hansard.parliament.uk/lords/2024-03-12/debates/65ED94BB-D442-44D9-B323-60B1D58B3284/VictimsAndPrisonersBill
Do the right thing and back it!
https://cfsj.co.uk https://about.me/PeterStefanovic
Friday, 12 April 2024
There are a few
things coming up this month that are worth looking out for.
First, the House of
Lords is due to hold a final debate (the Report stage) on various IPP-related
amendments to the Victims and Prisoners Bill. The most likely date for this is,
as I currently understand it, Tuesday 30 April, though it could come earlier
(Tuesday 23 April) or later in May.
We’re expecting to
know in the next week or so how much ground the government is willing to give,
if any, on the current amendments, and thus how likely it is that any of the
amendments will make it into law.
In the meantime,
Charley Allan has
written this piece on where the parliamentary process got to prior to the
Easter recess.
https://www.crimeandjustice.org.uk/news/2024-04-12/ipp-reform-some-things-watch-out-month
........................................................................................................Congratulations!!!
Good news for one
Ipp prisoner who's 10-year community licence was terminated last week. I
understand there is another person’s whose licence will end April /May 🙏.
Katherine Gleeson
Katherine Gleeson
...........................................................................................................
Spot light: The IPP sentence
The IPP sentence was abolished more than 11 years ago, but not retrospectively. It continues to devastate the lives of almost 3,000 people still in prison today, and their loved ones.
When the sentence
was introduced in 2005, the Howard League warned that it created a bureaucratic
nightmare that would haunt successive governments. Today, about half of all
people on IPP sentences have never been released; the rest have been recalled,
mostly for administrative breaches.
We know that IPP
sentences can cause acute harm to mental health. Figures obtained by Sky News
and UNGRIPP indicate that more people on IPP sentences have died by suicide in
prison than have been convicted of serious further offences after
release.
As the Victims and
Prisoners Bill moves closer to receiving Royal Assent, potentially bringing
changes to the length of time people on IPP sentences must spend on licence
after release, we look at what must happen next to end this scandal once and
for all.
Free event, on Thursday 25 April, 12.30pm to 1.30pm, online via Zoom.
https://jennyjones.org/2024/03/15/victims-and-prisoners-bill-ipp-prisoners/?fbclid=IwAR1kCk5OwpDgcHGktFy8znaKpedyxoabwOnKjO28dgJumacCG-a80jn5WIc
You have been invited to take part in a research project looking at the experience of people who apply.
Applicants experience of the criminal cases review commission CCRC.
We would like to hear about the experiences of people who have sought to have a decision in a criminal case rectified via the CCRC. Specifically, we want to learn more about how you or family found your engagement with the CCRC and your experiences of getting legal assistance with your case.
We are happy to speak with people in person, via telephone, or online via MS Teams, as suits you. We will happily travel to meet you if that is most convenient. As recompense of your time, we will also offer you a £15 gift card. As you would expect, all information you tell us will be anonymised, and your details will not be known outside the research team. I have attached a more detailed information notice and consent form for you to look at, but please don’t hesitate to ask any questions that you might have.
If this all sounds OK to you, we'd be delighted to arrange a date and time to speak.
All the best,
Dr Lucy Welsh and Dr Amy Clarke
University of Sussex and University of Brighton.
Copy of file for those unable to open the File
Dear Katherine
Thank you so much for taking the time to contact us about our work.
As you are hopefully aware, we would like to hear about the experiences of people who have sought to have a decision in a criminal case rectified via the CCRC. Specifically, we want to learn more about how you found your engagement with the CCRC and your experiences of getting legal assistance with your case.
We are happy to speak with people in person, via telephone, or online via MS Teams, as suits you. We will happily travel to meet you if that is most convenient. As recompense of your time, we will also offer you a £15 gift card. As you would expect, all information you tell us will be anonymised, and your details will not be known outside the research team. I have attached a more detailed information notice and consent form for you to look at, but please don’t hesitate to ask any questions that you might have.
If this all sounds OK to you, we'd be delighted to arrange a date and time to speak.
All the best,
Dr Lucy Welsh and Dr Amy Clarke
University of Sussex and University of Brighton.
From: Katherinegleeson <katherinegleeson@..........
Sent: 26 March 2024 12:52
To: CCRC Applicants <CCRCApplicants@sussex.ac.uk>
Subject: Crimal cases review
Applicants Email
CCRCApplicants@sussex.ac.uk
PARTICIPANT INFORMATION SHEET
Exploring the Experiences of CCRC Applicants You are invited to take part in a research project looking at the experiences of people who apply (or want to apply) to the Criminal Cases Review Commission (CCRC).
We want to explore individuals’ experiences of applying to the CCRC and their experiences of finding legal representation to support a CCRC application. Before you decide whether or not to take part, please take time to read the following informatioN
WHAT IS THE PURPOSE OF THE STUDY?
The aim of this research is to give a voice to CCRC applicants and prospective applicants. We want to find out what problems applicants face when trying to access legal support and to apply to the CCRC, and their experiences of post-appeal justice. We also want to make recommendations to the CCRC, Ministry of Justice, defence lawyers, and the Legal Aid Agency to improve applicants’ experiences.
WHY HAVE I BEEN INVITED TO PARTICIPATE?
You are being invited to participate because we want to hear the experiences of individuals like you who are concerned about being wrongfully convicted and want to have their case reviewed by the CCRC. We are interested in hearing your story, how you found the experience of finding legal representation to help with an appeal, and how you found the experience of applying to the CCRC. We want to speak with people whose cases were rejected by the CCRC, people who made successful applications, as well as people who have considered applying but have not done so.
DO I HAVE TO TAKE PART?
Participation is completely voluntary. You can change your mind at any time without giving a reason until 30th June 2024.
After that, it will not be possible to withdraw your story from the research. WHAT WILL HAPPEN TO
ME IF I TAKE PART?
If you decide to take part, you will be asked to sign a consent form. You will then be invited to take part in an interview with one of the researchers. The interview will take place at a mutually agreed time in person, online (via Microsoft Teams), or by phone, according to your preference. In person interviews can be arranged in private spaces, for example, in courthouse consultation rooms or lawyers’ offices. Interviews will usually last between 30 and 60 minutes. We will ask questions about your knowledge and experiences of seeking legal representation to help with an appeal, your understanding of the CCRC, your experiences of applying to the CCRC (if you have done so), what influenced your decision to apply (or not) to the CCRC, and what aspects of funding and CCRC processes you think should be done differently, and how. With your permission, the conversation will be recorded and then confidentially transcribed by a university approved transcription service. You can ask for a break or ask for the recording to be stopped at any time. The recording will be destroyed at the end of the project. If you wish to Exploring the Experiences of CCRC Applicants v1 | 10/01/2024 have a copy of the transcript, we will be happy to send you one. You can ask for sections of the transcript or the entire transcript to be removed from our work until 30th June 2024.
WHAT ARE THE POSSIBLE DISADVANTAGES AND RISKS OF TAKING PART?
Apart from the time you spend doing the interview, you are unlikely to suffer any disadvantages from taking part. If you disclose any experiences that are particularly difficult or painful, or feel negatively impacted by the interview in any way, the researcher will offer to refer you to the appropriate support services. You will also be provided with a list of support services who might be able to help you. WHAT
ARE THE POSSIBLE BENEFITS OF TAKING PART?
Taking part in the research will give you the opportunity to tell your story to a non-judgmental listener. Your opinions and experiences will also feed into our research findings. This is important because there has been very little research done on the experiences of CCRC applicants. Our findings will be shared with government officials, members of parliament, appeal lawyers, and the CCRC. Your participation therefore has potential to contribute to improving the experiences of future applicants. As recompense for your time, we will provide you with a £15 supermarket gift card and pay reasonable travel expenses incurred to come to the interview. If you decide to stop the interview or withdraw the information provided, you will still be entitled to this recompense. There are no benefits to your individual case. Nothing you tell us will influence any current or future applications you might make to the CCRC. As researchers, we are also not in a position to involve ourselves in individual cases.
WILL MY INFORMATION BE KEPT CONFIDENTIAL?
All information you give us, including the interview recording and transcript, will be kept confidential (unless you tell us about serious and imminent illegal activity or if someone – including you – is at risk of serious harm). While we will know your names and contact details, that information will be securely stored on our work cloud drives in a separate place to your actual interview records. No one except the researchers will know your names and contact details. When the interview is transcribed, you will be given a different name or an identifying number, and this will be kept separate from your personal details. In any project outputs or publications, your story will be fully anonymised. This allows us to share the information we get from interviews with the people who might be able to change the system. You are welcome to ask for more information about how this will be done. HOW LONG WILL MY
INFORMATION BE KEPT?
The recording of the interview will be destroyed at the end of the project (2025). Your anonymised transcript will be stored securely on a password protected University of Sussex managed system for ten years to enable the researchers to write reports and other publications. Exploring the Experiences of CCRC Applicants v1 | 10/01/2024 To help other people improve the justice system, the fully anonymised data will also be shared on UK Data Service. This means that other researchers will be able to read the information we gathered in interviews, but no one else will be able to connect you personally to the information. If you are not happy for your anonymised transcript to be stored in the UK Data Service archive, you are welcome to refuse it. You can either tell the researchers directly or decline to tick the relevant box on the consent form.
WHAT WILL HAPPEN TO THE RESULTS OF THE RESEARCH?
The research findings will be published in a publicly available report on the Nuffield Foundation’s website. We intend to share the final report with the CCRC, the Justice Select Committee, the All Party Parliamentary Group for Miscarriages of Justice, the Criminal Appeal Lawyers’ Association, and other interested parties. The findings will also be shared at academic conferences and policy events and will be written up for publication in academic socio-legal journals and relevant professional media. If you would like a copy of the final report, please contact the researchers at the email address below.
WHO IS ORGANISING AND FUNDING THE RESEARCH?
Dr Lucy Welsh and Dr Amy Clarke are conducting this research as employees of the University of Sussex and University of Brighton. The research is being funded by the Nuffield Foundation (a charitable trust interested in how the justice system works).
WHO HAS APPROVED THIS STUDY?
The research has been approved by the Social Sciences & Arts Cross-Schools Research Ethics Committee (C-REC) at the University of Sussex. The ethical review application number is ER/LCW29/6. The University of Sussex has insurance to cover its legal liabilities in respect of this study.
WHAT SHOULD I DO IF I WANT TO TAKE PART?
If you are interested in taking part in this research, please contact us in one of the following ways. We can then arrange a day and time for your interview.
Phone: Email: Post: 07716 826482 CCRCApplicants@sussex.ac.uk Amy Clarke, School of Humanities and Social Science, Mithras House, University of Brighton, BN2 4AT
CONTACT FOR FURTHER INFORMATION
You can contact the Principal Investigator for the project, Dr Lucy Welsh at l.c.welsh@sussex.ac.uk if you have any concerns about the way in which the study is being/has been conducted.
You can also contact the Chair of the Social Sciences & Arts C-REC at c-recss@sussex.ac.uk if you have further concerns.
THANK YOU FOR TAKING TIME TO READ THIS INFORMATION SHEET
Dr Lucy Welsh & Dr Amy Clarke Exploring the Experiences of CCRC Applicants v1 | 10/01/2024
CONSENT AGREEMENT
Exploring the Experiences of CCRC Applicants
If you have decided to take part in the avove research , please read and complete the consent agreement below and return the signed form in person or via email to CCRCApplicants@sussex.ac.uk
.KatherineGleeson
........................................................................................................................................................
Defendant unlawfully detained by Hmp Wandswoth
At the Royal Courts
of Justice commenced.
Following
submissions, Pepperall J has today handed down judgment making significant
criticism of the conduct of HMP Wandsworth and finding that BK was unlawfully
detained in breach of his right to liberty. Unusually, and in recognition of
the particularly poor conduct of the prison, the Court awarded BK costs on the
indemnity High Court issues writ of habeas corpus - defendant unlawfully
detained by HMP Wandsworth
The High Court has
handed down judgment in an important case concerning habeas corpus and the
failures of Wandsworth prison to release prisoners following orders of the
criminal courts.
On 16 January 2024
following a sentencing hearing at Westminster Magistrates’ Court, Kate’s client
(BK) was due to be released immediately from the court building. Instead, he
was kept in the cells until after court hours and returned to Wandsworth prison,
after which the prison decided that the process of BK’s release could wait
until the morning. This was unlawful. Following an out of hours application to
the High Court which concluded just after 2am on 17 January 2024, Pepperall J
issued a writ of habeas corpus which was served on the duty governor of the
prison. The prison did not comply with the writ nor make arrangements for BK to
be brought to the Royal Courts of Justice as the writ required. BK was released
later on the 17 January 2024, shortly before the hearing basis.
This is the second
recent case in which HMP Wandsworth has been found to have unlawfully detained
a defendant, and where defence representatives have been forced to seek a writ
of habeas corpus in order to vindicate their client’s right to release. In November
2022, Chamberlain J gave judgment in the case of Niagui v. Governor of HMP
Wandsworth [2022] EWHC 2911 (Admin), finding that Wandsworth prison had
failed to process the defendant’s release in a timely manner and cautioning the
prison to improve its procedures.
In BK
v. HM Governor of Wandsworth Prison [2024] EWHC 645 (Admin), Kate was
instructed by Bartholomew
Dalton of Hickman & Rose.
https://www.doughtystreet.co.uk/news/high-court-issues-writ-habeas-corpus-defendant-unlawfully-detained-hmp-wandsworth?fbclid=IwAR0eCkLToM7VFmvUcOTler0qCRTNXzXRlEt0L3vRnLiOa5OYNaKQbk8Dy0I
.......................................................................................................................................................
Prisoner makes landmark parole bid against indefinite jail term
Prisoner makes
landmark parole bid against indefinite jail term
To raise awareness of his plight, he has successfully
applied to be the first IPP prisoner to have his parole hearing held in public
after new laws came into force to increase transparency around parole
decisions.
His plea comes after The Independent revealed a coalition of mental health, human rights and criminal justice experts had issued a joint appeal for parliament to end the “living nightmare” of IPP sentences by pushing through reforms in the Victims and Prisoners Bill. Earlier this month, 11 leading voices called for IPP reform including the Royal College of Psychiatrists, the British Psychological Society, Amnesty International, Justice, Liberty, the United Group for Reform of IPP, the Probation Institute, the Centre for Crime and Justice Studies, Inquest, the Howard League for Penal Reform, and the Prison Reform Trust.Mr Bidar will face a two-day parole hearing on 18 March.
https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-against-torture-and-other-cruel-inhuman-or-degrading
https://lordslibrary.parliament.uk/current-affairs-digest-law-february-2024/
.................................................................................................................................................
Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Eliseo Weinstein commented
on "Education and safety in prisons, and a
connection that must not be ignored"
It is wonderful to read about
someone who is so passionate about the education and safety of prisoners who
are caught in our penal system. Not everyone who is locked up is some heartless
monster and it do well for others to remember that it could actually happen to
any of us, especially with the way things are turning out.
..............................................................................................................................................
Campaign
The High Court abolished indefinite prison sentences (IPP sentences) in 2012, yet there are still 3500 IPP prisoners, stuck in the prison system
We demand that;
- The backlog of IPP prisoners is urgently attended to, and IPP prisoners are prioritised for release immediately.
- IPP prisoners are offered the specialist support - indefinite sentencing has a devastating effect on IPP prisoners mental health, 80 IPP prisoners have committed suicide to date 2024.
Why is this important?
IPP prisoners remain in jail indefinitely in England and Wales under the sentence of imprisonment (IPP), which was abolished in 2012 for future offenses. Many have long exceeded the punitive tariff imposed for the offenses they committed, in some cases as little as a few months. However, at present IPP prisoners must seek release on parole on the same terms as life sentence prisoners, although the Justice Secretary has a statutory power to establish a new release test. In several cases the European Court of Human Rights has found continued IPP detention to be arbitrary and in breach of Convention rights.
Lord Lloyd of Berwick, former Lord of Appeal in Ordinary, said:
"There are thousands IPP people in prison who arguably shouldn’t be there and have no release date. A senior high court judge describes them as ‘the disappeared'...“This is a crime against humanity. We are talking about people here who have paid for their crime who have finished their sentence who want to return home to their families build their life’s back up”
IPP sentance is effecting the prisoners Mental Health
It should also be noted that apart from the IPP prisoners themselves, the real losers are their family and friends who are often left struggling to understand the realities of an IPP sentence often at a loss as to what to do about the nightmare situation in which they find themselves.
Further information:
1. The Guardian - "Former law lord says 3,500 prisoners behind bars longer than necessary" - http://www.theguardian.com/uk-news/2014/mar/05/lord-lloyd-prisoners-chris-grayling-indefinite-sentences
How it will be delivered
Update. There is now 2400 approx IPP Prisoners still detained. The Mental health of the prisoners was reported 2008 - https://www.centreformentalhealth.org.uk/sites/default/files/in_the_dark.pdf .
There since has been 80 IPP Prisoner deaths. One IPP prisoner on hunger strike. IPP Prisoners have had Mental break downs and som e sent to Psychiatric hospitals. Rehabilitation, means to restore not torture. 2000 will still be there in 2024
The petition will be delivered by hand.
Release the Remaining IPP Prisoners | 38 Degrees
References
https://www.independent.co.uk/news/uk/crime/nicholas-bidar-parole-bid-sentence-ipp-prison-b2514269.html?fbclid=IwAR2vCbQGugen7tnSf-5x1SQagdKJ4Qv1xzgtTjkt1Ab7Bt4ynFIMgognefo
https://www.doughtystreet.co.uk/news/high-court-issues-writ-habeas-corpus-defendant-unlawfully-detained-hmp-wandsworth?
fbclid=IwAR0eCkLToM7VFmvUcOTler0qCRTNXzXRlEt0L3vRnLiOa5OYNaKQbk8Dy0I
https://howardleague.org/events/spotlights-the-ipp-sentence/?
https://www.independent.co.uk/news/uk/crime/nicholas-bidar-parole-bid-sentence-ipp-prison-b2514269.html?fbclid=IwAR2vCbQGugen7tnSf-5x1SQagdKJ4Qv1xzgtTjkt1Ab7Bt4ynFIMgognefo
https://www.facebook.com/groups/ippkatherinegleeson
https://jennyjones.org/2024/03/15/victims-and-prisoners-bill-ipp-prisoners/?fbclid=IwAR1kCk5OwpDgcHGktFy8znaKpedyxoabwOnKjO28dgJumacCG-a80jn5WIc
https://www.justice.gov.uk/downloads/legislation/bills-acts/legal-aid-sentencing/ipp-factsheet.pdf#:~:text=Sentences%20of%20Imprisonment%20for%20Public%20Protection%20%28IPPs%29%20were,term%20%28tariff%29%20which%20they%20must%20spend%20in%20prison.
https://twitter.com/PeterStefanovi2
https://lordslibrary.parliament.uk/current-affairs-digest-law-february-2024/
