Sentencing laws condemned

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Indeterminate sentences aimed at protecting the public from serious sexual or violent criminals were an example of "how not to" introduce new laws, a joint report by the Chief Inspectors of Prisons and Probation found.

They said prisoners on IPP (Imprisonment for Public Protection) sentences found themselves in a "Kafkaesque" situation where they had completed their sentences but were unable to access the courses needed to prove they were no longer a threat.

The sentences were introduced at a time when prisons were already overstretched and funding for probation services was being slashed, they said.

"This was a perfect storm. It led to IPP prisoners languishing in local prisons for months and years, unable to access the interventions they would need before the expiry of their often short tariffs," the report said.

Juliet Lyon, director of the Prison Reform Trust, said the sentences were "unnecessary" and "unworkable".

She said they account for more than 6% of today's prison population. "IPPs are a text book example of the dangers of chasing headlines by acting tough, not smart," she said.

Already by April this year, more than 750 people were being held beyond the tariff set by the courts. That number is expected to be approaching 1,000 by now. Despite some changes in this year's Criminal Justice Act, it is likely that many of these prisoners who have served their minimum tariff but remain in prison do so because they have had no opportunity to demonstrate they pose no risk if released.

Recent changes to sentencing laws will drastically cut the number of people likely to be jailed indefinitely.

In the report, Chief Inspector of Prisons Anne Owers said indefinite sentences were "over-used" and under-funded. "This created a vicious circle, in which IPP prisoners were both casualties and contributory causes of a severely overcrowded prison system," she said. "Moreover, as they tend to be younger, frustrated prisoners with complex needs, they are likely to pose significant control problems and self-harm risks."