Imprisonment of any duration has a significant impact on a detainee's wellbeing. And whilst incarceration per se is near universal around the world, length of sentencing varies massively. For example, except for whole life orders, a life sentence in the United Kingdom (UK) is typically twenty-five years with the potential for reduction; in the United States of America (USA) though, receiving a determinate life sentence means dying in prison.
In this new series we will be discussing various issues associated with long-term including life-long incarceration. We will cover physical wellbeing, psychological consequences especially within the context of solitary confinement, indeterminate sentencing, and the thorny issue of 'life means life' sentences.
Leading gently into that theme, this first article looks at indeterminate sentencing within the UK…
What are IPP sentences?
A former tool of the UK's criminal justice system, the sentence of Imprisonment for Public Protection (IPP) was implemented through the Criminal Justice Act 2003. It was intended for criminals who had committed violent or sexual crimes, posed a threat to society and yet were not deemed to require life sentencing. An individual sentenced to IPP was set a minimum term of imprisonment. Once this term was completed, their case was reviewed by the Parole Board, which decided whether they were safe and ready to return to society. Release was never guaranteed and, even once granted, carried conditions including a license for indefinite recall to prison if further transgressions were committed. Once back in prison, further sentencing was once again indeterminate.
Problems with IPPs
Whilst this may sound like an attractive proposition for dealing with a few prolific recidivists, the problem was that IPPs were too popular with judges. In total, a weighty 8711 IPP sentences were issued, many for low level crimes. Parole boards became over-stretched and many people languished far past their minimum terms with no indications of release dates. These and other problems with IPPs amassed, and eventually the legislation was repealed in 2012.
However, this change was purely prospective. So, despite the abolishment of IPPs, a year ago there were still 1895 IPP prisoners who had never been released and 1357 who had been recalled back to prison.
Thorough research by the Prison Reform Trust reveals the many and varied problems of IPPs:-
One individual may face a longer sentence than another for committing the same offence.
The psychological burden of an indeterminate sentence leads to despair and a lack of hope that in turn increases the likelihood of mental health problems and increased rates of deliberate self-harm.
Prisoners’ frustration can lead to disruptive behaviours, causing harm to themselves and others.
The circumstances under which these prisoners find themselves make it very difficult for them to progress, for example by engaging with educational programs that would be viewed favourably by a Parole Board.
It is impossible to predict accurately how someone will behave once released.
Family and friends must live with the uncertainty of not knowing when their loved one will be returning to participate in daily family life.
Moving forwards?
It is truly troubling that there are so many IPP prisoners still behind bars. It could be called unjust and inhumane. Those outside of the UK often look upon its criminal justice system as a bastion of high standards. However, in this particular case the world should ponder and learn from the legislative disaster that was IPP sentencing.
We call on those in positions of power to review each individual’s case as a matter of urgency. UK residents can help to bring about this change by writing to our MPs and voicing our concerns. And there is no better time to do this than now as the UK’s Justice Committee has recently launched an inquiry into IPP sentences with the aim of reducing the number of IPP prisoners:-
The large numbers of people being recalled to prison under IPP suggests there is no end in sight to the problems created by this flawed sentence.
(Sir Robert Neill MP, Chair of the Justice Committee)
Whilst strictly speaking IPP sentences are not life sentences, their perpetual cycling between recall and indeterminate sentencing takes away prisoners’ hope of ever being able to return to normal life. Let’s be honest, they may as well be life sentences. So it’s time to kick them into the long grass once and for all.
Do join me next time when we’ll be exploring the various health problems associated with long sentences, and also consider how we can work together to bring about change.
Dr Elinor Webb is one of our Health & Justice Fellows
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