UN opinion on IPP sentences imminent

In the coming weeks, the United Nations Working Group on Arbitrary Detention (UNWGAD) is set to release its first legal opinion on the controversial Imprisonment for Public Protection (IPP) sentences, a matter that has sparked widespread concern within the UK. This upcoming report will aim to assess whether the detention of five prisoners currently serving IPP sentences constitutes arbitrary detention, a key point raised in a landmark complaint made by campaigners and legal experts.

The complaint highlights the plight of five men who collectively served nearly 87 years incarcerated under IPP terms, notably for minor offences such as the theft of mobile phones and laptops. The legal opinion is poised to provide a crucial insight into what many view as a constitutional crisis within the UK justice system. The issue has drawn significant attention, particularly following statements from former Lord Chief Justice, who warned that Parliament would hold “blood on our hands” if it does not take action concerning these sentences.

Critically, the UN's evaluation will address claims that the UK Government is violating international law by depriving IPP prisoners of their liberty without a proper legal basis. The IPP sentences were introduced in 2005 by the New Labour government, subsequently labelled as the “greatest single stain on the British justice system” and have since been officially abolished, yet remain in effect for many still incarcerated. As a result of ongoing issues, thousands are trapped in what many consider open-ended sentences, with many spending disproportionate time behind bars for relatively minor infractions, as exemplified by those cited in the complaint.

Current Deputy Prime Minister and Justice Secretary David Lammy has previously indicated the necessity for reform, stating that failure to abolish IPP sentences “retrospectively” would represent “a grave injustice”. The push for resentencing, advocated by campaigners as a means to rectify past wrongs and restore some semblance of hope for those affected, is gathering momentum. Campaigners are looking to Andy Burnham, expected to be the next Prime Minister, for action on this pressing issue as UK prisons teeter on the brink of crisis with over 2,300 people still serving IPP sentences.

The ramifications of the upcoming UNWGAD opinion cannot be overstated. The issues surrounding IPP sentences will likely catalyse further reforms, potentially paving the way for the release of those unjustly held. As public and political scrutiny rises, the UK Government's response will be pivotal in shaping the future landscape of its justice system.