The Criminal Cases Review Commission (CCRC) has referred the sentences of seven more prisoners serving indefinite jail terms to the Court of Appeal, taking the total number of referrals this year to 32. All seven were convicted between 2005 and 2012, received minimum tariffs of no more than seven and a half years, and remain in custody.
IPP and DPP sentences were abolished in 2012, but not retrospectively, leaving thousands of prisoners without a release date. Andy Burnham pledged in August to bring legislation before the end of this parliament to end the "long-running" injustice, with details to be decided by a cross-party oversight group. Until that announcement, successive governments had refused to act.
Dame Vera Baird KC, chair of the CCRC, said the commission remains committed to identifying cases where "developments in the law suggest that an indeterminate sentence may have been wrongly imposed." "These seven applicants were all young when sentenced; all received relatively short tariffs, yet all remain in custody long after those tariffs expired," she said. "Considering recent Court of Appeal decisions, we believe there is a real possibility that insufficient weight was given to their youth and immaturity when their dangerousness was assessed."
The seven referrals are Michael Seddon, Andre Hurst, Gemma Smith, Scott Hulme, Joshua Gordon, David Hill and Ryan Helstern. They were convicted between 2005 and 2012 for offences including robbery, aggravated burglary and grievous bodily harm. The shortest tariffs were one year and 243 days for Scott Hulme and 22 and a half months for Gemma Smith; Ryan Helstern was 17 when sentenced.
The government faces legal action over the sentences after the United Nations found Britain is unlawfully detaining some over-tariff IPP prisoners. The UN has described the punishment as "psychological torture", and 96 prisoners have taken their own lives in custody. Baird said she met this month with UNGRIPP, a support group for families of people still serving IPP sentences, in the House of Commons. "Each person had a relative on an IPP, some having been released but recalled, some currently adjusting to life outside of prison with support, and some who have never been released from prison."
Analysis
Why This Matters
- These seven people were sentenced as teenagers or young adults, given short minimum terms, and remain in custody years after those terms expired, with no release date.
- The CCRC is reviewing more than 250 similar cases, so the Court of Appeal's decisions in these referrals could shape how other long-serving IPP and DPP prisoners are treated.
- The government is under legal and political pressure: a UN finding of unlawful detention, a prime ministerial pledge to legislate, and a cross-party group now deciding how to end the sentences.
Background
Imprisonment for Public Protection was an open-ended sentence for offenders judged dangerous but not deserving of a life sentence. It was abolished in 2012, but the change was not retrospective, leaving thousands of people serving indefinite terms. Some have also faced a vicious cycle of recall to prison, often for breaching strict licence conditions.
Key Perspectives
- Criminal Cases Review Commission: says there is a real possibility that insufficient weight was given to the applicants' youth and immaturity when their dangerousness was assessed, and that the work remains a significant priority.
- Prime Minister Andy Burnham: pledged in August to bring legislation before the end of this parliament to end the "long-running" injustice of IPP sentences.
- The United Nations: found Britain is unlawfully detaining some over-tariff IPP prisoners and has described the punishment as "psychological torture".
- The Independent and prisoners' families: have long campaigned for all IPP and DPP sentences to be reviewed.
What to Watch
- The cross-party oversight group's decisions on how the government will address IPP and DPP sentences.
- The Court of Appeal's rulings in the seven cases, especially on whether youth and immaturity were given enough weight.
- The legal action against the government, which follows the UN finding of unlawful detention.
Checked
12 claims in this story checked against 1 source: 12 supported.
Show each claim
- SupportedThe CCRC referred seven more prisoners’ sentences to the Court of Appeal.The Independent UK: “Seven more prisoners trapped on indefinite jail terms have had their sentences referred to the Court of Appeal by the miscarriages of justice watchdog.”
- SupportedThe CCRC is reviewing more than 250 cases.The Independent UK: “The Criminal Cases Review Commission (CCRC) is currently reviewing more than 250 cases involving people serving open-ended Imprisonment for Public Protection (IPP) and its youth equivalent, Detention for Public Protection (DPP) terms.”
- SupportedReferrals this year have reached 32.The Independent UK: “The referrals from the bring the total number referred since the start of the year to 32 .”
- SupportedAll seven prisoners were convicted between 2005 and 2012.The Independent UK: “It has now referred the sentences of seven people who were convicted between 2005 and 2012”
- SupportedAll seven remain in custody, and none had a minimum tariff longer than seven and a half years.The Independent UK: “all of whom remain in custody despite none being given a minimum tariff of more than seven and a half years.”
- SupportedAndy Burnham pledged in August to bring legislation to end the injustice before the end of this parliament.The Independent UK: “Andy Burnham in August pledged to bring legislation to end the “long-running” injustice of IPP sentences before the end of this parliament”
- SupportedBurnham described the injustice as “long-running.”The Independent UK: “Andy Burnham in August pledged to bring legislation to end the “long-running” injustice of IPP sentences”
- SupportedBaird said the CCRC remains committed to identifying cases where “developments in the law suggest that an indeterminate sentence may have been wrongly imposed.”The Independent UK: “CCRC Chair Dame Vera Baird KC said the commission remains committed to identifying such cases where “developments in the law suggest that an indeterminate sentence may have been wrongly imposed.””
- SupportedBaird said all seven applicants were young when sentenced, had relatively short tariffs and remained in custody long after those tariffs expired.The Independent UK: ““These seven applicants were all young when sentenced; all received relatively short tariffs, yet all remain in custody long after those tariffs expired””
- SupportedBaird said recent Court of Appeal decisions suggested there was a real possibility insufficient weight had been given to the applicants’ youth and immaturity when assessing dangerousness.The Independent UK: ““Considering recent Court of Appeal decisions, we believe there is a real possibility that insufficient weight was given to their youth and immaturity when their dangerousness was assessed.”
- SupportedThe United Nations described the punishment as “psychological torture.”The Independent UK: “The punishment has been described as “psychological torture” by the United Nations”
- SupportedBaird said she met with UNGRIPP in the House of Commons and quoted its members describing relatives’ different experiences of release and imprisonment.The Independent UK: ““This month I met with UNGRIPP, a support group for the families of people still serving IPP sentences, in the House of Commons. “Each person had a relative on an IPP, some having been released but recalled, some currently adjusting to life outside of prison with support, and some who have never been released from prison.””