Vera Baird's Landmark Move Against Indefinite Detention Must Spark Government Action
Dame Vera Baird, chair of the Criminal Cases Review Commission, has taken a decisive step that should mark a pivotal moment in Britain's fight against indefinite imprisonment. Her commission has referred five men serving Imprisonment for Public Protection sentences to the appeal courts, spotlighting a legal injustice that continues to haunt the penal system fourteen years after the law's abolition.
The Unresolved Scandal of IPP Sentences
These five cases represent just the tip of an alarming iceberg. All five men were under twenty-one when originally sentenced, with three being teenagers at the time. They were convicted under the IPP legislation, introduced by the last Labour government and abolished in 2012, yet astonishingly, 2,400 prisoners remain trapped under these sentences today. The law was originally intended for a small number of serious offenders who would pose a continuing threat after completing standard sentences, but was applied far more broadly than envisaged.
The fundamental injustice lies in the disproportionate punishment these individuals have received compared to others convicted of similar offences. As former Lord Chief Justice John Thomas has consistently argued, IPP sentences breach a core legal principle by punishing people for what they might do rather than what they have actually done.
Cases That Highlight Systemic Failure
The five selected cases demonstrate the law's cruel application. Jay Davis, convicted at nineteen of possessing a firearm with intent to cause fear or violence, received a minimum term of nine months but has now spent sixteen years in prison. Luke Ings, seventeen when convicted of robbery and battery with a minimum term of one year and nine months, has similarly been incarcerated for sixteen years.
These men were chosen because their circumstances mirror three successful appeals in the last two years, where the Court of Appeal ruled that sentencing judges failed to adequately consider the youth and immaturity of offenders. While these five may now have their sentences quashed, this represents a painfully slow, case-by-case approach to rectifying a widespread injustice.
Growing Consensus for Reform
The chorus calling for change grows louder by the day. David Blunkett, who introduced the legislation as home secretary, has called it one of his greatest regrets. Many judges who passed IPP sentences have acknowledged their error. Andrea Coomber of the Howard League for Penal Reform deserves commendation for her persistent campaigning for basic justice rights for those she terms "throw-away-the-key victims."
The psychological toll of indefinite detention cannot be overstated. Prisoners must convince the Parole Board of their safety for release, effectively requiring them to prove a negative. This creates a Kafkaesque nightmare that damages mental health and denies rehabilitation.
A Call for Comprehensive Government Action
While Dame Vera Baird's commission has taken a crucial step, piecemeal legal challenges cannot resolve this systemic failure. The government must now demonstrate courage and political will to address what has become a national scandal. All remaining IPP prisoners deserve either release or resentencing based on evidence standards applied to other citizens.
This issue transcends political popularity. Many IPP prisoners committed serious offences, but they have been subjected to punishment fundamentally different in nature and duration from others convicted of comparable crimes. The injustice is therefore as profound as if they had been detained without cause.
Vera Baird's referral of these five cases must serve as the catalyst ministers need to finally end indefinite detention in Britain. The time for incremental change has passed; only comprehensive government action can rectify this enduring blight on British justice.
