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Case challenges sentencing policy Sex offender challenges sentences
(about 3 hours later)
The government's handling of the introduction of indeterminate jail sentences is to be challenged in court. A sex offender is challenging the introduction of indeterminate jail sentences in 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. Those sentences - used since 2005 - have a minimum tariff, but offenders must prove they are no longer a danger before they can be released.
It comes as a report concludes indeterminate jail sentences have stretched prisons to breaking point. David Walker says he cannot be considered for release because his jail does not offer a parole course.
Prisons Minister David Hanson told the BBC's Newsnight that he had ordered a review of indeterminate sentencing. Meanwhile, the Prison Reform Trust says the sentences have stretched jails to breaking point.
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."
No chance of releaseNo 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.
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. His tariff expires in November, but he cannot be considered for release until he has gone through the parole procedure, which includes going on a parole course.
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 say 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 They claim he is therefore being subjected to arbitrary detention in breach of his human rights.
Chief Inspector of Prisons Anne Owers criticised the way indeterminate sentences had been brought in. ...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 LyonReform Prison Trust
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." The Prison Reform Trust says more than 3,000 indeterminate sentences have been passed, many for relatively minor offences, in the past two years.
Andy Hall QC, chairman of the Bar Association, also spoke to BBC's Newsnight. Juliet Lyon, director of the trust, said the sentences had been designed as a technical measure to detain a small number of dangerous offenders.
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'
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.
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.
"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."
Other people have also criticised indeterminate sentencing.
'Hairy-chested'
Chief Inspector of Prisons Anne Owers told BBC's Newsnight on Monday: "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 Criminal Bar Association of England and Wales, told the programme the government's "hairy-chested" sentencing climate was at fault.
It had resulted in a "huge explosion" in numbers of people serving life sentences, which had added to the prison crowding crisis, he said.
Prisons Minister David Hanson said a review was already under way after the prison board, staff and visitors had all indicated there were problems with indeterminate sentencing.
"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."