Indefinite sentences will be excluded from sentencing review to end the overcrowding crisis in prisons

“Morally wrong” indefinite prison sentences that left thousands languishing without a release date have been excluded from the Government’s flagship review into tackling prison overcrowding.

Campaigners have bristled at the news that the prison sentences for public protection (IPP) scandal will not be addressed as part of a “once in a generation” independent sentencing review, which is expected to set out “tough alternatives to imprisonment” in a year “An attempt to save prisons from collapse is being examined.

The news comes just days after Britain’s former chief justice gave his consent The Independents campaign for IPP prisoners to have their “inherently unfair” sentences reviewed.

Details of the review led by former justice minister David Gauke have been revealed as a further 1,100 prisoners sentenced to five years or more are set to be released on Tuesday after serving just 40 per cent of their sentences under emergency cell release measures .

Shirley Debono, founder of campaign group IPP Committee in Action, said: “There are now IPP prisoners in prison who have committed less serious offenses than those they are releasing under this new program (SDS40, a reduction in prison time for certain people served time). who are currently serving their standard sentences of 50 to 40 percent of their sentence. I just don’t think it’s fair.”

Those excluded from Gauke’s review include a series of shocking injustices highlighted by The IndependentIn particular, James Lawrence, a father who is still in prison 18 years after serving an eight-month sentence for threatening someone with a fake gun, and Thomas White, who set himself on fire after serving more than twelve years for stealing a cell phone ​​and Abdullahi Suleman, who spent 19 years behind bars for a laptop robbery.

The controversial penalties – which gave offenders a minimum prison sentence but not a maximum – were scrapped in 2012 on human rights grounds, seven years after they were introduced by New Labor to crack down on crime.

Although the sentencing record was widely condemned, including by the United Nations, its abolition was not retroactive, leaving thousands trapped with no release date until the parole board deems them safe to be released.

Of the 2,734 IPP prisoners still incarcerated, more than 700 served more than ten years longer than their minimum sentence. At least 90 IPP prisoners have committed suicide.

On Sunday, Lord John Thomas, a member of the House of Lords and the country’s most senior judge from 2013 to 2017, called for action to help those who have “rotted away” while in prison.

“I think everyone accepts that this punishment was a mistake,” the former chief justice said. “It’s just morally wrong.”

At the start of the review, Justice Secretary Shabana Mahmood said Labor had inherited from the Tory government a prison system that was “just days from collapse”.

As well as creating 14,000 extra prison places and unveiling a 10-year capacity strategy later this year, the review also promised to “look at tougher sentences outside of prison”.

Ms Mahmood said prisoners who deserve the right to change their lives should be encouraged to do so. Although the review will look at ways to create a “prison outside of prison” to allow more people to serve their sentence in the community, IPP sentencing or its enforcement will not be considered as part of the review.

“This review, together with our prison construction program, will ensure we never again have more prisoners than prison places,” she said.

“I believe in punishment. I believe in prison, but I also believe we need to expand the range of punishments we use. And that those prisoners who deserve the right to change their lives should be encouraged to do so.

“The Sentencing Review will ensure that prison and punishment work – and that there is always a cell waiting for dangerous offenders.”

Independent reviewer David Gauke added: “Our prisons are clearly not working. The number of prison inmates increases by around 4,500 every year, and almost 90 percent of those sentenced to pretrial detention are repeat offenders.

“This review will examine what punishment and rehabilitation should look like in the 21st century and how we can move our justice system out of crisis and into a long-term, sustainable future.”

Mark Day, deputy director of the Prison Reform Trust, said the review was an “important opportunity” to get to grips with “runaway penal inflation”.

However, he added: “It is vital that the Government does not lose sight of the ongoing injustice faced by thousands of people who are still subject to the abolished IPP penalty.”

“Special efforts must be directed at extending prison sentences for those who have never been released and remain in prison many times longer than their original sentence.”

Andrea Coomber KC, chief executive of the Howard League for Penal Reform, added: “The trend towards ever longer sentences has pushed the criminal justice system to the brink.”

“An independent review represents a unique opportunity to deliver a more humane and effective response to crime and a lasting solution to the prison capacity crisis.”