Two men freed after two decades under indefinite jail terms

IPP sentences replaced after Criminal Cases Review Commission referral

By LineZotpaper
Published
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Two men who each served about two decades in custody under indefinite sentences for public protection (IPPs), despite receiving minimum terms of two years or less, have been freed by a high court judge and a magistrate sitting in Wolverhampton crown court. A third man who had already been released but later recalled saw his indeterminate sentence replaced.

Luke Ings and Liam Bennett were told by Mr Justice Choudhury that their IPPs had been “cancelled” after the Criminal Cases Review Commission referred their cases back to the crown court. Bennett, now 38, was 17 when he committed offences including reckless arson and burglary in 2007 and was given a minimum term of 24 months. Ings, also 38, was sentenced in 2006 for a robbery and an assault after admitting offences aged 17; his minimum term was 21 months.

A third man, James Ward, now 41, was given a one-year minimum in 2006 for arson and criminal damage while serving time for assault. He was freed in 2017 after serving 10 years beyond his minimum but was later recalled to prison and remained in custody until August this year. Ward attended the hearing in the public gallery and saw his sentence replaced with a two-year term.

The court replaced the IPPs with determinate sentences: Bennett will serve four years and 264 days, Ings 42 months with a 30-month extended licence, and Ward two years. Because all three have already served longer than the replacement sentences, Bennett and Ings were entitled to immediate release without further supervision, and Ward is no longer subject to supervision.

Muin Boase, representing Bennett, successfully argued that the original judge did not give proper weight to his youth, lack of maturity and capacity to change after a difficult childhood. The appeal court found there had been no proper basis for the original finding of dangerousness.

IPP sentences were introduced in 2005 for offenders considered a significant risk to the public and abolished in 2012 after warnings they were being applied too widely. The abolition was not retrospective, leaving many prisoners still serving such sentences. The government has faced calls to act, with former justice secretary Ken Clarke and current justice secretary Alex Norris both addressing the issue in recent weeks.

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Analysis

Why This Matters

  • Thousands of prisoners remain on indefinite IPP sentences even though the law was changed 14 years ago, meaning the system continues to raise questions about fairness and proportionality.
  • The ruling shows that lower courts can still correct sentencing errors when the Criminal Cases Review Commission refers cases, offering a potential route for other prisoners in similar positions.
  • Political pressure is building on the government to address the legacy of the abolished IPP regime, with both former and current justice secretaries publicly commenting on the need for action.

Background

Indefinite sentences for public protection were created in 2005 to lock away offenders deemed dangerous, but they were widely criticised for being imposed too often, including on young and minor offenders. The law was scrapped in 2012, but existing sentences were not automatically quashed. Prisoners can ask the Parole Board to prove they are safe to release, but many have remained in custody long after their minimum terms expired. The Criminal Cases Review Commission investigates potential miscarriages of justice and can refer cases back to the courts for review.

Key Perspectives

The men freed and their families: They have argued that judges wrongly found them dangerous or did not consider alternative sentences, leading to decades of imprisonment beyond their minimum terms. Relatives hugged in the public gallery after the ruling. The judiciary: The appeal court found there was no proper basis for the original dangerousness finding in Bennett's case, indicating that some IPP sentences were imposed without sufficient justification. Critics and campaigners: They point to the ongoing injustice of the non-retrospective abolition, with many prisoners still serving IPPs. Calls for government action have grown, and both Ken Clarke and Alex Norris have acknowledged the issue.

What to Watch

  • Whether the government introduces retrospective legislation or a mass review of remaining IPP cases.
  • Further CCRC referrals: other prisoners with similar minimum terms may now have their sentences reconsidered.
  • The Parole Board's capacity to process cases of IPP prisoners who remain in custody.
  • Political fallout if the government fails to act on the growing pressure from former ministers and MPs.

Sources

Zotpaper

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