Home » overcrowding
Category Archives: overcrowding
Campaigning Lawyer Calls On Prime Minister To Back Plan Drawn Up By Lord Thomas To End Shocking IPP Scandal In Viral Video
Campaigning Lawyer and CEO of CAMPAIGN FOR SOCIAL JUSTICE Peter Stefanovic – who’s films have been watched hundreds of millions of times online – has posted a new film calling on Prime Minister Keir Starmer to end the IPP scandal once and for all by adopting a plan drawn up by Lord Thomas, the former Lord Chief Justice.
BACKGROUND
IPP sentences were introduced in England and Wales by the then New Labour government with the Criminal Justice Act 2003. It sought to prove it was tough on law and order by putting in place IPP sentences to detain indefinitely serious offenders who were perceived to be a risk to the public. However, they were also used against offenders who had committed low-level crimes, resulting in people spending 18 years in jail for trying to steal a coat or imprisoned for 11 years for stealing a mobile phone. In one instance 16 years in jail for stealing a flowerpot.
UNLAWFUL
In 2012, after widespread condemnation and a ruling by the European court of human rights that such sentences were, “arbitrary and therefore unlawful”, IPP terms were abolished by the Conservative government. But the measure was not retrospective, and thousands remain in prison.
Over 90 people serving sentences under the discredited IPP regime have sadly taken their own lives whilst in prison. In 2023 we saw the second year in a row of the highest number of self-inflicted deaths since the IPP sentence was introduced.
Former supreme court justice Lord Brown called IPP sentences: “the greatest single stain on the justice system”. 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. Lord Blunkett, the Labour Home Secretary who introduced the sentences, regrets them, stating: “I got it wrong.” And more recently, Dr Alice Edwards, the UN rapporteur for torture has called IPP sentences an “egregious miscarriage of justice.” Even former Justice Secretary Alex Chalk KC has called them a stain on the justice system, yet despite that, the previous Conservative Government refused to implement the Justice Committees recommendation to re-sentence all prisoners subject to IPP sentences.
CAMPAIGN FOR SOCIAL JUSTICE
Their families and campaign groups have been fighting to end this tragic miscarriage of justice for more than a decade and films posted online by social media sensation and campaigner Peter Stefanovic have ignited a wider public storm on this tragic miscarriage of justice gathering millions of views.
You can watch Stefanovic’s latest film here:
https://x.com/peterstefanovi2/status/1937394593672089988?s=46&t=g6PUk4YExrOYprJSzQZ3lw
It is not surprising that the public reaction to his films have been one of shock, outrage, and disbelief.
PUBLIC SUPPORT
Stefanovic has said: “The public support for my films has been overwhelming and the comments they are getting are a testament to the public’s anger, outrage and disbelief at this tragic miscarriage of justice.”
HOPE FOR JUSTICE
Now – the Labour government is being given the chance to end this monstrous injustice once and for all by adopting a plan drawn up Lord Thomas, the former Lord Chief Justice.
An expert working group convened by The Howard League and led by Lord Thomas has come forward with considered proposals aimed at protecting the public while ending the long-running IPP scandal.
Below are the members of the working group:
Farrhat Arshad KC, barrister
Dr Jackie Craissati, clinical and forensic psychologist
Andrea Coomber KC (Hon), Chief Executive of the Howard League for Penal Reform
Dr Laura Janes KC (Hon), solicitor
Dr Frances Maclennan, clinical psychologist
Andrew Morris, served IPP sentence
Dr Callum Ross, forensic psychiatrist
Claire Salama, solicitor Sir John Saunders, retired High Court judge and former Vice Chair and member of the Parole Board
Professor Pamela Taylor, psychiatrist and academic
Paul Walker, Therapeutic Environments Lead for the OPD Pathway (HMPPS)
The working group’s report puts forward six recommendations – the most important of which is a change to the Parole Board test which would require the Parole Board to give people on IPP sentences a certain release date, within a two-year window, and to set out what action is required to achieve that safely.
Setting a date of up to two years provides a long period of time to enable professionals and statutory agencies to work together and help the person to prepare for a safe release – it completely knocks on the head any argument the justice secretary has previously raised about public safety and will end once and for all one of the most cruel and monumental injustices of the past half century.
Campaigners have hit out at the “short-sighted” decision not to include prisoners on indefinite sentences in the plans announced by the government to reduce the prison population.
The government has recently published its long-awaited sentencing review, led by former Conservative justice secretary David Gauke, who recommended that some offenders who behave well in jail only serve a third of their term in custody before being released. Yet the Chair of the Justice Committee, Andy Slaughter MP has raised the point recently that “Even if David Gauke’s recommendations are wholly successful the prisons will still be full, and this has unintended consequences.”
With Government Ministers saying they have inherited a prison system “on verge of collapse” Stefanovic says this is “nonsensical”.
He concludes his latest film saying:
“With our prisons at breaking point now is the time for James Timpson – the prisons minister and Labour peer to accept this sensible, workable and detailed plan and seek to close this shameful chapter in the history of British criminal justice. If the Justice Secretary refuses to sign off on this plan for fear of handing ammunition to ignorant critics who accuse her of being soft on crime the Prime Minister, a former director of public prosecutions, who understands the criminal justice system better than any minister should instruct her to act on the proposals – because the simple fact is that by refusing to do so Keir Starmer’s government would become responsible for allowing one of the most cruel, inhumane and monumental injustices of the past half-century – a scandal rightly described as a stain on our justice system – a scandal described by the UN rapporteur for torture as an egregious miscarriage of justice and psychological torture – and which likely breaches Article 3 of the Human Rights Act – to be continued and perpetrated – and I for one cannot believe that that is what a Labour government would want to happen”
CAMPAIGNING LAWYER BACKS PRIVATE MEMBERS BILL FOR RESENTENCING TO END SHOCKING IPP SCANDAL
INTRODUCTION
Campaigning Lawyer and CEO of CAMPAIGN FOR SOCIAL JUSTICE Peter Stefanovic, who’s films have been watched hundreds of millions of times online, has posted a new film backing a Private Members’ Bill by the Labour peer Lord Woodley – the Imprisonment for Public Protection (Resentencing) Bill. Stefanovic is calling on the new government to allow a free vote on the bill.
BACKGROUND
IPP sentences were introduced in England and Wales by the then New Labour government with the Criminal Justice Act 2003, as it sought to prove it was tough on law and order. They were put in place to detain indefinitely serious offenders who were perceived to be a risk to the public. However, they were also used against offenders who had committed low-level crimes. Astonishingly, this sentence has led to some people spending 18 years in jail for trying to steal a coat or imprisoned for 11 years for stealing a mobile phone. In one instance 16 years in jail for stealing a flowerpot.
UNLAWFUL
In 2012, after widespread condemnation and a ruling by the European court of human rights that such sentences were, “arbitrary and therefore unlawful”, IPP terms were abolished by the Conservative government. Yet the measure was not retrospective, and thousands still remain in prison.
Whilst in prison, under the discredited IPP regime, over 90 people serving this sentence have sadly taken their own lives. In 2023 we saw the second year in a row of the highest number of self-inflicted deaths since the IPP sentence was introduced.
Former supreme court justice Lord Brown called IPP sentences: “the greatest single stain on the justice system”. 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. Lord Blunkett, the Labour Home Secretary who introduced the sentences, regrets them, stating: “I got it wrong.” And more recently, Dr Alice Edwards, the UN rapporteur for torture has called IPP sentences an “egregious miscarriage of justice.” And yet, even when the former Justice Secretary Alex Chalk KC who also called them a stain on the justice system, the Conservative Government refused to implement the Justice Committees recommendation to re-sentence all prisoners subject to IPP sentences.
CAMPAIGNING
Campaign groups and their families have been fighting to end this tragic miscarriage of justice for more than a decade. In addition, films posted online by Peter Stefanovic, a lawyer and CEO of CAMPAIGN FOR SOCIAL JUSTICE have ignited a wider public storm on this tragic miscarriage of justice with over 20 MILLION VIEWS. It is not surprising that the public reaction to his films have been one of shock, outrage, and disbelief.
PUBLIC SUPPORT
Stefanovic has said:
“The public support for my films has been overwhelming and the comments they are getting are a testament to the public’s anger, outrage and disbelief at this tragic miscarriage of justice.”
PRIVATE MEMBERS BILL
Now – a fresh attempt will be made to resolve the IPP scandal once and for all in the form of a Private Members’ Bill by the Labour peer Lord Woodley – the Imprisonment for Public Protection (Resentencing) Bill – a bill which Stefanovic is backing. In his latest film Stefanovic included an interview with Lord Woodley in which he asked the Labour peer about the importance of his bill. This was Lord Woolley’s reply:
“We’ve got a right as human beings to try and get things right and that’s why it’s really important that we force the government to take action and resentence these people who have no hope in life whatsoever at the moment..3,000 prisoners, many of whom have served sentences way and beyond anything that would be fair or reasonable, even acceptable to human beings. Let’s help the individuals, their families, they’ve suffered far too much, and I believe it can be put to sleep pretty quickly if common sense appertains here.”
HOPE FOR JUSTICE
Lord Woodley agrees with calls for a free vote on his bill. “It takes the politics out of it, instead of everyone fighting to say we don’t want to be seen to be weak on crime. It’s not about weak, it’s about fairplay fairness, it’s about justice, it’s about treating families and family members with a degree of fairness and that’s why I think a free and open vote will allow people to see the justification in what we are asking for do the right thing” he says passionately.
NEXT STAGE
If Lord Woodley’s Bill becomes law, it will place the Justice Secretary under a legal obligation to ensure that all those serving an IPP sentence – whether in prison or in the community – are retrospectively given a determinate sentence. For the vast majority of IPP prisoners this will result in their swift and more than justified release.
On Friday 15th November, Lord Woodley’s bill passed its second reading and it now goes to committee stage, despite The Lord Timpson OBE DL, Minister for Prisons, Parole and Probation saying:
“Legislating to give every IPP prisoner a definite release date and post-release licence, or legislating to provide for a resentencing by court, would result in them being released automatically…either legislative approach would put the public at an unacceptable risk of harm, which the Government is not prepared to countenance.”
With recent reports suggesting there are fewer than 100 places available across the entire prison estate in England and Wales Stefanovic says:
“It’s a no brainer. It will go some way to heading off the medium-term prison capacity crisis and surely now is the time to completely take the politics out of this with a Free vote on the bill. Let’s now get this done – let’s work together to end one of the most shocking, cruel, inhumane and monumental injustices of the past half-century by getting behind and supporting Lord Woodleys bill – before more lives are tragically lost”
The State of our Prisons: England
My general take on prisons are that they are warehouses for the vulnerable.
Whatever happens in society is transferred to prisons, so if there is a problem with drugs on the outside there will certainly be a drug problem in prison. High walls, barbed wire and security is no real barrier. Bullying through debt is rife and so is corruption.
If you mean state of prisons as the fabric of the prisons then many are in disrepair. Neglect has come from outsourcing the maintenance to private companies and backlog of jobs even minor ones have had a detrimental effect on those that reside and work within the prison walls. I have seen vermin, rubbish thrown out of cell windows and food left to rot there. I have seen fire doors that are rotten and would provide no safety in the case of a fire.
Prisons are badly maintained often outdated and can be a fire hazard. So why do we continually fill them up? We knowingly put people in conditions that are not fit for habitation.
Prisons create more homeless individuals, more poverty and more mental health issues and they breed criminality.
Prisons have been underfunded for years and with cut backs year on year situations are only going to get worse. But as we have seen recently in the government there is a constant change of Ministers responsible for our prisons. This movement does not bring stability.
I don’t believe the Government when they say that loss of liberty is the punishment. No, once in prison you are punished, crammed into a room with another for up to 22 hours or more, eating beside your toilet with often the bare necessities. Little or no contact with the outside world.
Slave labour, I witnessed dismantling of DVD’s and CD’s for hours on end (Whitemoor), sewing wash bags and towels (Norwich), assembling poppies (Ford) all mind numbing and boring. Lack of use of any skills that they already have or have acquired within is farcical.
Punishment in prisons was a physical punishment but now it has become a mental torture. Lack of purposeful activity has stripped many of any hope for the future. Short sightedness on behalf of the Government is bringing the whole prison estate to its knees. Benchmarking, loss of experienced staff, under-investment has all resulted in volatile prisons where safety and security for staff and inmates alike is compromised. It’s like a ticking time bomb.
Incidents in prisons are now almost common place, but are lessons being learnt?
Society puts people in prison and expects them to reintegrate after their sentence and not reoffend. But recidivism is high because often the root cause of offending is not addressed.
I saw many with mental health issues that were not dealt with, I saw young men frightened, I witnessed the bullying and intimidation. In various prisons, I sat in on SMT meetings, case meetings, adjudications, equality meetings, security meetings etc. I listened to the way some Governors and Custodial Managers spoke about those in their prisons and wondered how they got to their positions.
There is a lot of unrest
Prisoners complained about:
- discrimination and equality
- unhelpful staff with even the most basic request
- not enough food, especially amongst the young men
- boredom
- too far away from their family for visits
- restricted regimes
- missing property when transferred from one prison to another (this is a very big issue)
- being bullied and getting into debt
- loss of hope
I want to try to bring some sort of balance
I have visited prisons with excellent initiatives for example I have been to Thameside prison twice, the first time with a former prisoner, now author and an actor from Eastenders. The second time was with Sir Lenny Henry. Both these events were organised by Neil Barclay a friend of mine who is the Librarian & Learning Lead and a Butler Trust winner. He plans these guests to help inspire the men.
I have been to HMP Oakwood and spent a day observing the Chrysalis Programme designed to provide a guide for change that goes beyond rehabilitation, and into engagement and re-integration. It is a Personal Leadership and Effectiveness Development Programme aiming to stimulate inmates thinking, attitude, social capability, and capacity.
Family days at HMP/YOI Hollesley Bay were fantastic with staff providing food and activities for children and adults. Team games, craft and sports were all laid on bringing much needed family time.
~
The State of our Prisons: WALES Overcrowded. Understaffed. Underfunded.
Mr David TC Davies (Twitter @DavidTCDavies), Conservative MP for Monmouth and chair of the Welsh Affairs Committee, has launched an inquiry into prison provision in Wales. At the moment, there are no facilities for women yet there are proposals for another “Titan” prison in South Wales at Baglan.
Let’s look briefly at the record
HMP Swansea, HMP Parc and HMP Cardiff rank amongst the worst prisons in the UK.
All have serious problems with prisoner-on-prisoner assaults, suicides, overcrowding and drugs. Here are some statistics:
Swansea: 80% of prisoners are in overcrowded cells. On arrival at the prison 53% have a drug problem and 32% have an alcohol problem.
Parc: this prison is ranked 111th place out of 117 in England and Wales. In 2017 there were 881 prisoner-on-prisoner assaults and 1451 incidents of self-harm.
Cardiff: 64.5% of prisoners are in overcrowded cells. There were 220 prisoner-on-prisoner assaults in 2017.
Usk/Prescoed: There is no full-time health care provision at either prison, concern by IMB of frequency of ‘lie downs’
If South Wales is serious about a new super prison it should first take a long look at what’s happened in North Wales:
Berwyn, the flagship of the MoJ which opened in February 2017.
Despite being Europe’s second biggest prison, with a capacity of more than 2,100, up to July of last year the £212m facility was less than a quarter full – with just over 500 inmates being catered for. By November there were 800 men.
Digging a little deeper, we find:
- HMP Berwyn received 319 complaints from prisoners February to September 2017.
- There were 219 complaints about the living quarters in the first seven months and 31 complaints about the quality of the food.
- There were 4 complaints about prisoner-on-prisoner violence or assault compared to 50 lodged by prisoners alleging abuse or assault by prison officers.
- Five of the alleged assaults were passed to North Wales Police for investigation, no action was taken over any of them.
- Ministry of Justice revealed that 376 items were confiscated from prisoners between its opening in February and October last year.
- 30 unspecified weapons, 56 items relating to drug paraphernalia and 34 mobile phones were among the items found in the possession of prisoners.
- Other items confiscated include 21 debt list items, 66 lighters, 17 USBs, 26 vaping objects and 10 chargers.
- There were also a number of items described as “miscellaneous” that were confiscated by prison officers.
So, whether prisons are new, old, Victorian, large, average size, have highly respected Governors or frankly those that should not be there (believe me I’ve met both!), it makes no difference as they all have similar issues to contend with:
Overcrowded. Understaffed. Underfunded.
To alleviate this prison crisis, we need fresh approaches in order to:
REDUCE the population: send fewer people to prison for non-violent offences
INCREASE the use of community orders
CUT the number of recalls
DEAL with indefinite sentences IPP’s convert to fixed length sentences?
FACILITATE prison release, therefore reduce self-inflicted deaths and reduce self-harm
REFORM prison estate and ensure all facilities are decent
SHARE best practice
INVEST in the long term and DELIVER in the short term
ADD more mental health facilities
The list can be endless and will depend on whether we see the purpose of prison as punishment, rehabilitation, both of these or a form of social cleansing.
Only last September, Lord McNally said in the House of Lords debate on prison overcrowding:
“We therefore have to understand the debate today which will be overwhelming in favour of sensible reform still has to pass that test of how we get a Secretary of State, a Prisons Minister and a Prime Minister who are willing to drive through reforms”
But that’s not the end of the story
We need a change in public attitude and that can only come from being informed and educated and not continually having issues covered up and hidden, the brushing under the carpet syndrome. There must be transparency.
We then need investment in life after prison in the provision of a home, a place of work, training or education and a reduction of the stigma in having a criminal record.
~
The paralysis of too many priorities.
Sat immediately behind the new Secretary of State at the Justice Select Committee (@CommonsJustice) on 07 September, I registered a lot of awkwardness that was beyond mere nervousness felt by many a new joiner.
Thatcher Room, 07 Sept 2016
Just like Gove’s debut in front of the same Committee where he rattled on about “we’re reviewing it” (yes, I was there for that one too), Liz Truss (@trussliz) talked largely about the formulating of “plans” but on the day said nothing about tangible actions she will take.
How many more reviews do we need?
Has Truss inherited a poisoned chalice passed from one SoS to the next? Her department has a huge accumulated mess to sort out and doesn’t know what to do about it. Is she wondering what to tackle first? The paralysis of too many priorities?
Her critics say she’s doing things wrong. Look at it for yourself and you’ll see some of the priorities she is confronted with:
- Extremism and radicalisation in prison
- Violence against other offenders and against prison staff
- Over population
- Under staffing of prisons
- Death in custody
- Drugs and drones
- Education and purposeful activity
- Resettlement and homelessness on release
You would think her advisors would know what the order of priorities are. They don’t, or if they do, they obviously prefer the relative safety of “talking shop” over the tough task of taking concrete action on these priorities.
The key question people are asking is has she actually got the shoulders for the job; she has the high office and gilded robe of the Lord Chancellor but does she have the support of those working within the criminal justice system?
Soon after her appointment from Defra to Ministry of Justice, Liz Truss paid token visits to two prisons but cannot be expected to become an instant expert on the prison system.
What other mess does the SoS need to deal with?
The system of prison monitoring is in a mess. The IMB Secretariat is in utter disarray. They say they have policies and procedures but don’t always follow them themselves. For the most part, IMBs are doing their own thing. There’s no real accountability anymore. It’s a disgrace and it’s deplorable that it’s been allowed to get as bad as it has.
Faith Spear
For my critique of prison reform and Independent Monitor Boards, I’ve been put through two MOJ investigations. Each one takes away a little piece of me. But for me it’s always been about the issues. That’s why they can’t and won’t shut me up.
The message of prison reform has become urgent and has to get to the top. If no one else will step up and if it falls to me to take it then so be it.
No accountability anymore? Give me an example.
You want an example? Here’s one of many: At HMP Garth, the IMB Chair issued a Notice To Prisoners 048/2016 dated May 2016 without the authority to do so, and apparently without the Board agreeing it. The Chair acted unilaterally outside of governance. I found out about it because a copy of that prison notice was sent to me as it happened to be about the article “Whistle Blower Without a Whistle” that I’d written for The Prison Handbook 2016 that the IMB Garth Chair was pin-pointing, (accusing me of a “rant” whilst both his prison notice and covering letter were dripping with distain).
I’m still standing by all I said in my Whistleblower article even though writing it has been at a high personal cost. In all candour, any pride I may have had in writing it has been completely sucked away from me. It’s back to the bare metal. The inconvenient truth of what I wrote remains. Readers will find that my main themes also feature prominently in the findings of the report by Karen Page Associates, commissioned by the MOJ at a cost to the taxpayer of £18,500.
An invite I received from Brian Guthrie to the forthcoming AGM of Association of Members of IMB says it all. It read:
“From the Chair Christopher Padfield
AMIMB – the immediate future
IMB needs a voice. We believe that without AMIMB this voice will not be heard. AMIMB intends to raise its voice, but needs the support of our members.
An outline plan for the immediate future of AMIMB will be put up for discussion at the forthcoming AGM (11 October 2016 at 2 Temple Place). It aims to respond both to the main needs and opportunities, and to the practicalities of the current situation.The greatest need, as the executive committee of the AMIMB sees it, is to achieve a public voice for Independent Monitoring Boards – to let the British public know what we, as monitors, think about prison and immigration detention policy and practice in England and Wales and the impact this has on the men, women and children detained; to achieve some public recognition for the role of IMBs; in short to speak out about what we hear and see. We have urged the National Council to do this itself, but to no avail. In character, the NC propose as their contribution to the Parliamentary Justice Select Committee’s current consultation on Prison Reform, a response to a procedural question: ‘are existing mechanisms for … independent scrutiny of prisons fit for purpose?’ If the NC cannot or will not speak out, AMIMB should.”
Mr Padfield has served as IMB Chairman at HMP Bedford but to my knowledge has never been suspended pending investigation by the Prisons Minister like I was for speaking out on such things.
And therein lays the dilemma: whereas the official line is to encourage monitors to speak out, the reprisals levelled at you when you actually do are still shocking.
Is this what happens to women who use their voice?
People want you to get back in the box.
To shut up.
To go away.
The IMB doesn’t need a makeover; that would only hide most of the systemic problems behind filler and veneer. So rebranding clearly isn’t going to be the answer any more than putting lipstick on a pig.
People who think I want to abolish the IMB have totally misjudged me and the situation. I don’t want to abolish it. Far from it. I want the IMB to perform like it was set up to under OPCAT and to be all it should be as part of our NPM.
The clue is in the name: Independent. Monitoring. Board.
Have you noticed that the MOJ is haemorrhaging people at the moment?
Maybe Liz Truss could use that as an opportunity to enlist the help of those who do give a damn about the conditions in which people are held in custody and who do have a clue about strategies to stem radicalisation in prison, minimise violence, reduce prison over population, have the right staff and staffing levels, reduce death in custody, counter drones and drug misuse, revitalise education and purposeful activity, and last but not least, resettle and house people after their time in custody.
Join the conversation on Twitter @fmspear @trussliz @CommonsJustice #prisons #reform #IMB #AMIMB #SpeakUp
First published 17 Sept 2016.
Edited 18 Sept 2016.
~
The rise and fall of the prison population!
Prison population figures continue to fluctuate. The latest figures show an increase of 80 in the last week, an increase of almost 800 since the beginning of the year yet a decrease of 3,159 in the last 12 months.
I have just read an interesting report recently published in France on ways to fight against prison overcrowding. Two important points mentioned were:
- Consider imprisonment as ultima ratio in criminal matters
- Use, if necessary, a system of numerus clausus to solve prison overcrowding until 2017, then prevent its reappearance
I wonder if Chris Grayling has any thoughts on this?
Raimbourg, D and Huyghe, S (2013) Ways to fight against prison overcrowding. Report of 23 January 2013. [Online]. Available at
http://www.cepprobation.org/uploaded_files/France_Report-on-Prison-Overcrowding-2013.pdf [accessed] 26 February 2013
The Criminal Justice Blog 