Sentences of Imprisonment for Public Protection

Question

15:09:00

Asked by

To ask His Majesty’s Government how many people currently serving imprisonment for public protection (IPP) sentences, whether in prison or on licence in the community, have served more than 10 years over their original tariff; and what percentage of people serving IPPs this represents.

On 31 December 2024, 695 unreleased IPP prisoners were 10 years or more over tariff, representing 67% of this population. Data on the number of recalled IPP offenders who have served 10 years or more over their tariff is not centrally collated. On 30 September 2024, 2,320 IPP offenders on licence were 10 years or more over tariff, representing 80% of those in the community. On 1 November, 1,742 licences were terminated following the commencement of reforms in the Victims and Prisoners Act 2024.

I thank the noble Lord for his Answer; I know how hard he is working on this issue. I appreciate that some of the data I asked for is not collected. Nevertheless, the fact remains that almost 700 IPP prisoners who have never been released from prison have been locked up for more than a decade longer than their original sentence indicated. For most of them, this is because their mental health is in such a terrible state. Does the Minister accept that, in many of these cases, it was the IPP sentence itself that broke their mental health, trapping them in a self-perpetuating nightmare? Does he agree that resentencing these prisoners with appropriate safeguards and help is the only way to rid this country of this terrible stain on our justice system?

I thank the noble Baroness for her question and the interest she has in this important area. I assure her and all noble Lords that I am not giving up on anyone. So far as mental health of IPP prisoners and all prisoners goes, the Chief Medical Officer has agreed to include consideration of the IPP sentence in his independent review of offender health this year, which I am really pleased about. On resentencing, public safety has to come first. The Parole Board is expert in deciding who is safe to be released and who is not. That is why the IPP action plan is absolutely vital, and we need to make sure we keep making good progression on it.

My Lords, like many others, including the previous speakers, I believe that resentencing is the only way to wipe the IPP stain off our justice system for good. But the Government, as has just been mentioned, are worried about the overruling of the Parole Board. Does the Minister agree that initially limiting resentencing to those already living on licence in the community fully addresses this objection, as the Parole Board has already decided that they are safe for release?

I thank my noble friend for his question. Those in the community are already benefiting from the significant changes to the IPP licence period in the Victims and Prisoners Act 2024, which provides an avenue for an earlier end to the sentence after a successful period in the community. Resentencing those living in the community would halt the risk management and support provided to these individuals, some of whom will be at the critical moment of being recently released from custody. Although this is not a good example of someone who has been released, at every prison I go to I always ask to meet an IPP prisoner and sit in their cell or an office and talk to them and find out their situation. Recently, I met an IPP prisoner who is 11 years over tariff. He spent eight years at Rampton Hospital, and he has not engaged at all in his sentence. The action plan is not working for him. That is why it is really important that we give people hope, and for me the action plan is the way to do that.

My Lords, building on the previous question, there are many IPP prisoners who have been considered safe to be released by the Parole Board and have been released but have then been recalled to prison for reasons other than a further offence. Are the Government considering whether different considerations come into play for released and then recalled IPP prisoners—they were previously considered safe to be released—in terms of risk assessment and the possibility of future release?

The Victims and Prisoners Act 2024, which I have mentioned, introduced a new power to enable the Secretary of State to release recalled IPP and DPP prisoners using a risk-assessed recall review where safe to do so, without the offender requiring a release decision from the Parole Board. We now consider every recalled IPP and DPP offender for RARR, as it is called. This has already been used to enable swifter release and, in some cases, we have seen recalled IPP prisoners released several months ahead of their parole hearing. The noble Lord will know that not everyone who is recalled to prison is an IPP prisoner, but 30% of IPP recalls are because of a further charge for an alleged offence.

My Lords, the Government decline to do anything radical to end the Orwellian system of IPP sentences because they are concerned about public protection. Obviously, we all are, but there is no absolute guarantee that non-IPP prisoners will never reoffend. Why, then, do the Government pursue this unrealistic goal for IPP prisoners, thereby trapping them in a limbo that is rightly described—not only by my noble friend but across the political spectrum—as a terrible stain on our criminal justice system?

I agree with the noble Baroness that it is a terrible stain on our justice system. In the job that I am doing, it is my job to make sure that as many IPP-sentenced prisoners engage with the action plan, get released, stay out and not come back. In 2024, the number of IPP unreleased fell by 182, and recalls fell by 83, but noble Lords will, I am sure, be aware that we are dealing with a number of issues in our prisons at the moment to do with a lack of capacity. We are battling to make sure that we get prisoners in the right prison to engage with the action plan, and hopefully they will get out and stay out.

My Lords, taking into account what has been said already, I welcome the enactment of the provisions in the Victims and Prisoners Act, passed by the last Government, allowing termination of licence conditions for IPP prisoners. However, there are huge legal complexities involved, so I wonder what steps the Government are taking to ensure that those eligible to terminate their licence conditions actually understand their rights and are able to exercise them.

I thank the right reverend Prelate for her question, and I agree with her. I have met IPP prisoners, both in prison and in the community, who are not fully aware of the situation they are in and what they need to do from here, so she raises a good challenge to me and my colleagues in the Ministry of Justice, which I will take away and reflect on and get back to her.

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My Lords, we will hear from the noble Lord, Lord Moylan, next.

My Lords, given that so many of those prisoners serving this sentence who have never been released are suffering from chronic mental illness, is it not time for them to be considered for transfer and treatment in a mental health setting and not in prison anymore? I mean that systematically, and not simply ad hoc, as when individuals are transferred, as I know some are, to a mental prison. In that connection, what consideration have the Government given to the proposal from the Royal College of Psychiatrists for the development of a regime parallel to Section 117 of the Mental Health Act to offer support to these people if they do achieve release through that route?

There are 241 IPP prisoners in secure mental health settings as of the last figures published. It is those who are of real concern to me, because they are so far away from being safe to be released. We need to make sure that we support them—as in the example I gave earlier of the prisoner whom I met recently—in their journey. The work that the Government are doing on the Mental Health Act, with the provisions being put in place, will, hopefully, contribute to a more successful outcome.

My Lords—

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My Lords, we will hear from the noble Baroness, Lady Fox, next.

My Lords, following on from the request of the noble Baroness, Lady Burt, for more detailed data, will the Government make public detailed data of the different gradations of risk presented by the various cohorts of the IPP prisoner population, assuming that they are not treated as an undifferentiated blob? Then, could the Government apply the same risk-assessment criteria used for early release decisions to the least risky IPP prisoners and release them now—hardly early—because to exclude IPP prisoners from emergency measures to ease overcrowding seems irrational and even cruel?

The noble Baroness will be pleased to know that I raised this when we had the Peers round table a few months ago—I am hoping to have another one in May—when we talked about the RAG rating of IPP prisoners. At the time, we just RAG rated those in prison, and I am pleased that everybody in the community is now also RAG rated, which will help. I am hopeful that noble Lords will suggest to me what they would like on the agenda for our round table, which I hope will be in May. Maybe we can discuss the important questions around data then.