Lee Ashby, 42, from Wirral, has spent more than 20 years behind bars despite being given a 14-month sentence under the Imprisonment for Public Protection (IPP) system. He is now Britain's second longest-serving IPP prisoner with the shortest original term, having served more than ten times his tariff.
The IPP sentences, abolished in 2012 and described by the United Nations as "inhumane," left the status of those already serving them unchanged. Speaking from inside prison, Ashby said his life has been "stolen" for a mistake made as a young man, and he has seen murderers come and go in shorter periods.
Man's fears of a 'death sentence'
Ashby said: "I've not been told anything about my release other than I'm waiting for a parole hearing. It's a inhumane and barbaric sentence. It has stolen over 20 years of my life from me."
He added: "It's left me with life long mental damage. I deserved to go to jail for my crime. But I was sentenced to 15 months. I've now served over 20 years. I've seen murderers do less than I have."
Ashby, who was 21 when he was jailed for assault, said his mental health is declining fast. He felt a potential mass release of outstanding IPP prisoners, which could be authorised by Andy Burnham as early as next year, might come too late.
Mother's campaign for release
His mother, Denise Harvey, 59, has campaigned for his release for years. She fears he could have been given "nothing more than a death sentence" and called for an urgent resolution for those still caught up in what she labelled "an absolute scandal."
Ashby said: "The government has known it was wrong for over 15 years. That's why they abolished it in 2012. But we have been left in this nightmare of a sentence. My family and me have suffered greatly over the years because of this sentence."
He added: "My mental health has never been worse, This sentence has destroyed me and my family. I've had my life stolen from me. I got locked up at 21. I'm now 42. Everyone knows how wrong it is yet no-one does anything about it."
Struggles in prison and release attempts
Despite three efforts at resettlement into the public, Ashby remains behind bars and does not know when he will be released. Harvey said until the IPP element is lifted, her son will never be able to live a normal life, labelling the indefinite terms "barbaric."
She said: "I just fear he is not going to come out alive. He has self harmed again and he has tried to hang himself twice where they cut him down and has been refusing food and water."
She added: "It is horrendous. The IPP has been a death sentence. It's like he has been locked in a concrete coffin all his adult life. As a young man he committed a crime after a hard upbringing and being undiagnosed autistic. But he should have been allowed to serve his time and rebuild his life."
Harvey said her son was given his original sentence for assault and false imprisonment over an incident involving attacking a friend at a party. He was the co-accused but had the front door key and wouldn't let him leave the house, though he eventually did.
Declining health and appeals
Harvey said Ashby worked hard for 15 years, earned a degree, became a master builder and a mentor, taught English, and helped vulnerable prisoners come off drugs. But with a lack of hope, his condition has declined rapidly.
She said: "He was freely able to walk around prison and was getting glowing reports. The prison officer said he was an asset to the wing and was sorry to see him go."
She added: "But the last two years have been horrendous. He was released once in 2016 that lasted four weeks and. In 2026 he lasted a week."
Harvey said they should hear in December if Ashby has been given the go-ahead for an appeal early next year and are "putting all our eggs" into work being done by the CCRC. Prime Minister Andy Burnham has pledged to free all IPP prisoners by the end of the parliamentary term over the next 18 months, after which they would go back to court and be resentenced, with an instant walkout from prison.
During his time in prison, Ashby has also been attacked, suffered a bleed on the brain, a fractured skull, and had a metal plate fitted. A Ministry of Justice spokesperson said previously: "It is right that IPP sentences were abolished. With public protection as the number one priority, the Lord Chancellor is working with organisations and campaign groups to ensure appropriate action is taken to support those still serving these sentences, such as improved access to mental health support and rehabilitation programmes."
