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Case challenges sentencing policy | Case challenges sentencing policy |
(about 3 hours later) | |
The government's handling of the introduction of indeterminate jail sentences is to be challenged in court. | The government's handling of the introduction of indeterminate jail sentences is to be challenged in court. |
A convicted sex offender, who cannot be considered for release because he is unable to enrol on a parole course, is taking his case to the Court of Appeal. | A convicted sex offender, who cannot be considered for release because he is unable to enrol on a parole course, is taking his case to the Court of Appeal. |
It comes as a report concludes indeterminate jail sentences have stretched prisons to breaking point. | It comes as a report concludes indeterminate jail sentences have stretched prisons to breaking point. |
Prisons Minister David Hanson told the BBC's Newsnight that he had ordered a review of indeterminate sentencing. | Prisons Minister David Hanson told the BBC's Newsnight that he had ordered a review of indeterminate sentencing. |
He said: "The prison board, prison staff, prison visitors, have all indicated there are issues with the operation of IPPs [indeterminate sentences]. | He said: "The prison board, prison staff, prison visitors, have all indicated there are issues with the operation of IPPs [indeterminate sentences]. |
"I think we need to look at those issues, learn from them and see what the review produces for recommendations when it reports to me in September." | "I think we need to look at those issues, learn from them and see what the review produces for recommendations when it reports to me in September." |
No chance of release | No chance of release |
Critics of indeterminate sentencing say the court case, which is due to be heard on Tuesday, represents just one of the problems associated with the practice of indeterminate sentencing. | Critics of indeterminate sentencing say the court case, which is due to be heard on Tuesday, represents just one of the problems associated with the practice of indeterminate sentencing. |
David Walker was given an indeterminate sentence after being convicted of sexual assault while drunk. | David Walker was given an indeterminate sentence after being convicted of sexual assault while drunk. |
He has to prove he is no longer a danger to society before he can be freed. | He has to prove he is no longer a danger to society before he can be freed. |
But his lawyers are arguing he has no realistic possibility of starting the release process because there are no parole courses for life prisoners at his category of jail. | But his lawyers are arguing he has no realistic possibility of starting the release process because there are no parole courses for life prisoners at his category of jail. |
...they have become a ferocious, unjust law that, in two years, has catapulted around 3,000 people into jail for who knows how long Juliet LyonDirector of the Reform Prison Trust | |
Chief Inspector of Prisons Anne Owers criticised the way indeterminate sentences had been brought in. | Chief Inspector of Prisons Anne Owers criticised the way indeterminate sentences had been brought in. |
She told the BBC's Newsnight: "There was no plan about how the prison system, already overcrowded, already under stress was going to deal with them." | She told the BBC's Newsnight: "There was no plan about how the prison system, already overcrowded, already under stress was going to deal with them." |
Andy Hall QC, chairman of the Bar Association, also spoke to BBC's Newsnight. | Andy Hall QC, chairman of the Bar Association, also spoke to BBC's Newsnight. |
He said the government's "hairy-chested" sentencing climate had resulted in a "huge explosion in numbers of people serving life sentences, which is making a very significant contribution to the prison crowding crisis we have at the moment". | He said the government's "hairy-chested" sentencing climate had resulted in a "huge explosion in numbers of people serving life sentences, which is making a very significant contribution to the prison crowding crisis we have at the moment". |
'Technical measure' | 'Technical measure' |
The Prison Reform Trust's report reveals how more than 3,000 of the life sentences have been passed, many for relatively minor offences, since the introduction of indeterminate sentencing in 2005. | The Prison Reform Trust's report reveals how more than 3,000 of the life sentences have been passed, many for relatively minor offences, since the introduction of indeterminate sentencing in 2005. |
That number is expected to rise to at least 12,000 by 2012. | That number is expected to rise to at least 12,000 by 2012. |
Juliet Lyon, director of the Reform Prison Trust, said indeterminate sentencing caused harm to both the prison system and inmates. | Juliet Lyon, director of the Reform Prison Trust, said indeterminate sentencing caused harm to both the prison system and inmates. |
"They were designed as a technical measure to detain a small number of dangerous offenders," she said. | "They were designed as a technical measure to detain a small number of dangerous offenders," she said. |
"But badly drafted, and whipped up by the previous prime minister and home secretary, they have become a ferocious, unjust law that, in two years, has catapulted around 3,000 people into jail for who knows how long." | "But badly drafted, and whipped up by the previous prime minister and home secretary, they have become a ferocious, unjust law that, in two years, has catapulted around 3,000 people into jail for who knows how long." |