Law and Rights
Law and Lawyers has no hesitation in drawing to the readers attention an excellent post on the Brian Barder Blog which sets out the iniquities of the system of imprisonment known as Indeterminate Sentence for Public Protection (or IPP).
This form of "indeterminate sentence" was introduced by the Criminal Justice Act 2003 s.225 (Imprisonment for Public Protection - for adults) and s.226 (detention for Public Protection - for those under age 18). The law has since been modified by the Criminal Justice and Immigration Act 2008 s.47. The law is of labyrinthine complexity - see Wikicrimeline - and numerous (and expensive) appellate decisions have resulted and continue to do so.
The essential point is that the prisoner is not automatically released even when a public protection tariff period has been served. It then becomes a matter for the Parole Board which must be satisfied that, if released, the prisoner would not pose an unacceptable risk to the public. Due to underfunding of relevant rehabilitative courses, this can be impossible to assess and so the prisoner remains incarerated until his next review which might be months away. This has, in turn, obviously swollen considerably the numbers in prison since people are being held long after they have actually served their tariff. 1 in 15 prisoners is now an an IPP prisoner with the consequential enormous costs.
The government is undertaking a review of sentencing. Reform in this area is essential - see Prison Reform Trust March 2010
Addendum 30th June: The Independent reported "Paedophile dubbed "every parent's nightmare" jailed indefinitely.
- Parole Board Decides Harry Roberts To Be Released
In 1966, at the Central Criminal Court, Harry Roberts was sentenced to life imprisonment for each of the murders of three Police Officers - Police Constable Geoffrey Fox, Detective Constable David Wombwell and Sergeant Christopher Head. The trial...
- From The Party Conferences No.2 ~ Dangerous Offenders
Here are the conference speeches of Labour's "Shadow" Justice Secretary (Mr Sadiq Khan MP) and the present Lord Chancellor and Secretary of State for Justice - Mr Chris Grayling MP. Mr Sadiq Khan ...
- The Legal Aid, Sentencing And Punishment Of Offenders Bill - Further Amendments And A Bit Of Henry Viii
The passage of the Legal Aid, Sentencing and Punishment of Offenders Bill (LASPO) through the Commons is almost complete with the report stage set for 31st October. It is therefore interesting that on 26th October, the Ministry of Justice announced ...
- Even More Fisticuffs With Europe Is Likely ... Whole Life Tariffs For Murder Under Challenge
The Press Association (26th February) - "Killers contest whole life tariff" - is the claim being made in the European Court of Human Rights by three men - Jeremy Bamber, Peter Moore and Douglas Vinter - who are serving "whole life tariffs" for murder. ...
- Murder: Life Sentences And Tariffs: Identities Of Those Convicted
30 years ago, Peter Sutcliffe (media alias "The Yorkshire Ripper") was convicted of 13 murders of women in West Yorkshire. Interestingly, his defence (led by James Chadwin QC) sought to persuade the judge (Mr Justice Boreham) to accept pleas of...
Law and Rights
Indeterminate sentences for Public Protection
This form of "indeterminate sentence" was introduced by the Criminal Justice Act 2003 s.225 (Imprisonment for Public Protection - for adults) and s.226 (detention for Public Protection - for those under age 18). The law has since been modified by the Criminal Justice and Immigration Act 2008 s.47. The law is of labyrinthine complexity - see Wikicrimeline - and numerous (and expensive) appellate decisions have resulted and continue to do so.
The essential point is that the prisoner is not automatically released even when a public protection tariff period has been served. It then becomes a matter for the Parole Board which must be satisfied that, if released, the prisoner would not pose an unacceptable risk to the public. Due to underfunding of relevant rehabilitative courses, this can be impossible to assess and so the prisoner remains incarerated until his next review which might be months away. This has, in turn, obviously swollen considerably the numbers in prison since people are being held long after they have actually served their tariff. 1 in 15 prisoners is now an an IPP prisoner with the consequential enormous costs.
The government is undertaking a review of sentencing. Reform in this area is essential - see Prison Reform Trust March 2010
Addendum 30th June: The Independent reported "Paedophile dubbed "every parent's nightmare" jailed indefinitely.
- Parole Board Decides Harry Roberts To Be Released
In 1966, at the Central Criminal Court, Harry Roberts was sentenced to life imprisonment for each of the murders of three Police Officers - Police Constable Geoffrey Fox, Detective Constable David Wombwell and Sergeant Christopher Head. The trial...
- From The Party Conferences No.2 ~ Dangerous Offenders
Here are the conference speeches of Labour's "Shadow" Justice Secretary (Mr Sadiq Khan MP) and the present Lord Chancellor and Secretary of State for Justice - Mr Chris Grayling MP. Mr Sadiq Khan ...
- The Legal Aid, Sentencing And Punishment Of Offenders Bill - Further Amendments And A Bit Of Henry Viii
The passage of the Legal Aid, Sentencing and Punishment of Offenders Bill (LASPO) through the Commons is almost complete with the report stage set for 31st October. It is therefore interesting that on 26th October, the Ministry of Justice announced ...
- Even More Fisticuffs With Europe Is Likely ... Whole Life Tariffs For Murder Under Challenge
The Press Association (26th February) - "Killers contest whole life tariff" - is the claim being made in the European Court of Human Rights by three men - Jeremy Bamber, Peter Moore and Douglas Vinter - who are serving "whole life tariffs" for murder. ...
- Murder: Life Sentences And Tariffs: Identities Of Those Convicted
30 years ago, Peter Sutcliffe (media alias "The Yorkshire Ripper") was convicted of 13 murders of women in West Yorkshire. Interestingly, his defence (led by James Chadwin QC) sought to persuade the judge (Mr Justice Boreham) to accept pleas of...