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Sex offender wins terms challenge Sex offender wins terms challenge
(about 2 hours later)
A sex offender has successfully challenged in the Court of Appeal the way the government manages indeterminate jail sentences.A sex offender has successfully challenged in the Court of Appeal the way the government manages indeterminate jail sentences.
Those sentences - used since 2005 - have a minimum tariff but offenders must prove they are no longer a danger before they can be released.Those sentences - used since 2005 - have a minimum tariff but offenders must prove they are no longer a danger before they can be released.
David Walker says he cannot be considered for release because his jail does not offer a parole course.David Walker says he cannot be considered for release because his jail does not offer a parole course.
The courts ruled there "was a general and systemic legal failure".The courts ruled there "was a general and systemic legal failure".
The government was granted a stay on the ruling, pending an application for permission to make an appeal.The government was granted a stay on the ruling, pending an application for permission to make an appeal.
'Cannot be justified''Cannot be justified'
Lord Justice Laws, sitting with Mr Justice Mitting, said: "To the extent that the prisoner remains incarcerated after tariff expiry without any current and effective assessment of the danger he does or does not pose, his detention cannot in reason be justified.Lord Justice Laws, sitting with Mr Justice Mitting, said: "To the extent that the prisoner remains incarcerated after tariff expiry without any current and effective assessment of the danger he does or does not pose, his detention cannot in reason be justified.
"It is therefore unlawful.""It is therefore unlawful."
The judges declared that Justice Secretary Jack Straw "has acted unlawfully by failing to provide for measures to enable prisoners serving IPP sentences to demonstrate to the Parole Board, by the end of their minimum term, that it is no longer necessary for the protection of the public for them to be confined".The judges declared that Justice Secretary Jack Straw "has acted unlawfully by failing to provide for measures to enable prisoners serving IPP sentences to demonstrate to the Parole Board, by the end of their minimum term, that it is no longer necessary for the protection of the public for them to be confined".
Walker was given an indeterminate sentence after being convicted of sexual assault while drunk, and is currently in prison in Doncaster.Walker was given an indeterminate sentence after being convicted of sexual assault while drunk, and is currently in prison in Doncaster.
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.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 say 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.
Human rights
They claim he is therefore being subjected to arbitrary detention in breach of his human rights.They claim he is therefore being subjected to arbitrary detention in breach of his human rights.
...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...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
A second man, Nicholas Wells, challenged the Parole Board over its provisions for prisoners.
Wells's 12-month minimum term for attempted robbery expired last September.
The Parole Board did not review his case until eight months later, under pressure from the High Court, but declined to release him.
Offence-focused work had not been available at Wells's prison.
His risk to the public therefore had still to be assessed as high.
'Unjust law'
Meanwhile, the Prison Reform Trust says the sentences have stretched jails to breaking point.Meanwhile, the Prison Reform Trust says the sentences have stretched jails to breaking point.
It says more than 3,000 indeterminate sentences have been passed, many for relatively minor offences, in the past two years.It says more than 3,000 indeterminate sentences have been passed, many for relatively minor offences, in the past two years.
Juliet Lyon, director of the trust, said the sentences had been designed as a technical measure to detain a small number of dangerous offenders.Juliet Lyon, director of the trust, said the sentences had been designed as a technical measure to detain a small number of dangerous offenders.
"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.Other people have also criticised indeterminate sentencing.
'Already overcrowded'
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."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."
Overcrowding crisis
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.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.It had resulted in a "huge explosion" in numbers of people serving life sentences, which had added to the prison crowding crisis, he said.
Director of the Howard League for Penal Reform, Frances Crook, said it opposed the sentences on principle, but they were also unworkable in the long term.
She said: "It has been described in some quarters as 'Kafkaesque', yet sadly the failure of the government to prepare for the impact of this sentence on resources is more in the vein of Laurel and Hardy."
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.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.""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."