I have just read again a copy of a letter that was written by Kevin Brennan MP- Shadow Minister for Victims and Sentencing and sent to the then Secretary of State for Justice, The Rt Hon Dominic Raab MP in March 2023. It outlines a meeting with Bernadette Emerson, a constituent of his, concerning her husband in prison under an IPP sentence.

In the third paragraph, Kevin Brennan MP stated,

“It was the correct thing to do when the government abolished these sentences in 2012”, but as you will be aware there is a terrible legacy issue of injustice for those who are effectively serving a life sentence despite having been convicted of a crime that carried a fairly low tariff”.

The position set out by Mr Brennan in his letter is perhaps not surprising. Former supreme court justice Lord Brown has called IPP sentences “the greatest single stain on the justice system” (a view shared by the current Justice Secretary Alex Chalk). When Michael Gove was justice secretary, he recommended “executive clemency” for IPP prisoners who had served terms much longer than their tariffs but he didn’t act  on it. David Blunkett, the Labour home secretary who introduced the sentences, regrets them, stating “I got it wrong” and the UN rapporteur for torture has called IPP sentences an “egregious miscarriage of justice.”

Mr Brennan continued his letter I know that the former Home Secretary Lord Blunkett who originally introduced the idea via the Criminal Justice Act in 2003 has accepted that the implementation of this has not worked as envisaged. I do understand concerns about a small number of prisoners subject to these sentences for whom there is genuine concern about reoffending, but this political imperative should not be used to incarcerate individuals in the criminal Justice system who have not reoffended and whose problems stem from mental health issues.”

Mr Brennan goes on to ask the question “What consideration has been given to retrospectively removing these sentences for those convicted prior to 2012?”

Again what Mr Brennan says is both welcome and not surprising given this tragic miscarriage of justice has sadly already taken many lives.

But the position of the Labour Party on this egregious miscarriage of justice is now in question.

On 6th December, during the second reading in the House of Commons of the Victims and Sentencing Bill, Chair of the Justice Committee, Conservative MP Sir Bob Neill, proposed “new clause 1” which would add a resentencing exercise to the Bill in line with the Justice Committees long standing recommendation. Sir Neill’s proposed amendment would help to end this long standing and accepted miscarriage of justice.

However, Kevin Brennan, surprisingly, given his letter just a few months earlier, opposed the idea, saying: “Unfortunately, given the impact of the Government’s effective destruction of the criminal justice system, we lack the infrastructure and resources to keep the public safe, should his new clause be implemented immediately. Our priority is, and always must be, the safety of the British public. We are concerned that if new clause 1 were enacted without provisioning for significant improvements in probation and parole, we would potentially significantly increase the risk to the public and to the prisoners themselves.”

So where does Labour stand?

Surely it can’t possibly be suggesting that “given the impact of the Government’s effective destruction of the criminal justice system” it plans to continue and perpetrate this gross miscarriage of justice which has seen people spend 18 years in jail for trying to steal a coat and imprisoned for 11 yrs for stealing a mobile phone? Was Mr Brennan perhaps referencing in December only the “small number of prisoners subject to these sentences for whom there is genuine concern about reoffending.”

This needs urgent clarification.

Will Labour see sense and do the right thing, only time will tell.

Later this month an amendment to the Victims and Prisoners Bill will be tabled in the House of Lords to implement the Justice Committee recommendation to re-sentence all those subject to an IPP sentence. I am given to understand that the Lib Dems and Greens are likely to support it.

If Labour stand up for justice and join the growing cross bench alliance there is every chance the amendment will pass. The Government might then accept it. An egregious miscarriage of justice can finally end.

In November 2023, a video posted by Peter Stefanovic and CAMPAIGN FOR SOCIAL JUSTICE highlighted the injustice of the IPP sentence. Just 2 months later it has reached 10 million views on social media.

That is extraordinary.

The public response to his film has been one of shock, outrage, and disbelief.

The IPP sentence is breaking people, and the overwhelming support from the public to end this sentence cannot be ignored. The Government will only be held to account if the public makes its views known.

How you can help:

Please sign the petition for re-sentencing, the link is HERE