Extracts from the Conservative Manifesto

In the last three years, 80,000 criminals have been released early from prison because the government failed to build enough places. We are determined that early release will not be introduced again, so we will redevelop the prison estate and increase capacity as necessary to stop it. Under Labour, the number of foreign criminals in our prisons has more than doubled. We will extend early deportation of foreign national prisoners to reduce further the pressure on our prison population. many people feel that sentencing in Britain is dishonest and misleading. So we will introduce a system where the courts can specify minimum and maximum sentences for certain offenders. These prisoners will only be able to leave jail after their minimum sentence is served by having earned their release, not simply by right.

At the moment, many prisoners leave jail and lapse back into a life of drink, drugs and re-offending. We will never bring our crime rate down or start to reduce the costs of crime until we properly rehabilitate ex-prisoners. So, with a Conservative government, when offenders leave prison, they will be trained and rehabilitated by private and voluntary sector providers, under supervision. We will use the same approach that lies behind our welfare reform plans – payment by results – to cut re-offending, with organisations paid using savings made in the criminal justice system from the resulting lower levels of crime. Drug and alcohol addiction are behind many of the crimes that are committed on our streets, but the treatment that too many addicts receive just maintains their habits. We will give courts the power to use abstinence-based Drug rehabilitation orders to help offenders kick drugs once and for all. We will introduce a system of temporary bans on new ‘legal highs’ while health issues are considered by independent experts.

To reform our system of rehabilitation further, we will:
*apply our payment by results reforms to the youth justice system;
*engage with specialist organisations to provide education, mentoring and drug rehabilitation programmes to help young offenders go straight; and
*pilot a scheme to create Prison and Rehabilitation Trusts so that just one organisation is responsible for helping to stop a criminal re-offending.

Extracts from the Labour Manifesto

We have provided over 26,000 more prison places since 1997. There are more criminals in prison - not because crime is rising but because violent and serious offenders are going to prison for longer. We will ensure a total of 96,000 prison places by 2014. More EU and other foreign prisoners will be transferred abroad, and we will work to reduce the number of women, young and mentally ill people in prison. Any spare capacity generated will reduce costs while protecting the public.

For offenders not sentenced to prison we have brought in tough new 'Community Payback': hard work in public, wearing orange jackets. We will extend nationwide the right for local people to vote on what work offenders do to pay back to communities they have harmed.

We will always put the victim first in the criminal justice system. We are creating a National Victims Service to guarantee all victims of crime and anti-social behaviour seven-days-a-week cover and a named, dedicated worker offering one-to-one support through the trial and beyond. The compensation offenders have to pay to victims has been increased, and we will now ensure victims get this payment up front.

To help protect frontline services, we will find greater savings in legal aid and the courts system - increasing the use of successful 'virtual courts' which move from arrest, to trial, to sentencing in hours rather than weeks or months. We will use the tax system to claw back from higher-earning offenders a proportion of the costs of prison. Asset confiscation will be a standard principle in sentencing, extended from cash to houses and cars. Every community will have the right to vote on how these assets are used to pay back to the community.

Extracts from the Lib Dem Manifesto

Liberal Democrats believe that once a criminal has been caught, it is vital that the punishment they are given helps to turn them away from crime, and set them back on the straight and narrow. Too many politicians have talked tough, meting out ever-longer prison sentences, but doing far too little to tackle reoffending and to stop crime happening in the first place. As a result, the government is spending more and more on prisons, but those released from them are as likely as ever to commit more crimes. We will:

*Make prisoners work and contribute from their prison wages to a compensation fund for victims. As resources allow, we will increase the number of hours prisoners spend in education and training.

*Introduce a presumption against short-term sentences of less than six months - replaced by rigorously enforced community sentences which evidence shows are better at cutting reoffending.

*Move offenders who are drug addicts or mentally ill into more appropriate secure accommodation.

*As a consequence of these changes, be able to cancel the Government's billion-pound prison building programme.

The Conservatives' Line on IPPs

Helpfully provided by a Conservative MP's office today:

IPPs, or Indeterminate sentences for Public Protection, were introduced in the Criminal Justice Act 2003. They can be imposed by the courts when an offender aged 18 or over is convicted of a serious specified violent or sexual offence for which the maximum penalty is 10 years or more.

In practice, what an IPP means is that rather than being released at the end of a sentence like most prisoners, IPP sentenced prisoners serve a minimum period of imprisonment or 'tariff' which is determined by the trial judge and designed to meet the needs of retribution and deterrence, and after that period, the IPP prisoner's release is not automatic, but will only occur once the Parole Board is satisfied that the risk of harm they pose to society is acceptable. The period of an IPP sentenced prisoner's incarceration is therefore indefinite. When they are finally released, IPP prisoners are subject to an IPP licence for at least 10 years, and may be recalled to prison throughout if deemed a danger to the public.

We are well aware of the problems that the IPP sentence has caused as a result of its implications not being sufficiently well thought through. Despite the Government acknowledging the problem, due to insufficient capacity and resources IPP sentenced prisoners still find it very difficult to access the courses in prisons which they need to complete in order to be eligible for release. They are therefore being held with little hope of progressing towards release, and at the same time are contributing to prison overcrowding. Secondly, despite the changes made in the Criminal Justice and Immigration Act implemented in 2008 which set a minimum tariff of 2 years for IPP sentenced prisoners, the sentence is still being handed down to more offenders than the system can cope with. In December 2009 only 75 IPP prisoners had been released and stayed out of prison, while approximately 70 newly sentenced IPP prisoners were arriving every month. There are approximately 6,000 IPP prisoners in custody, the equivalent of 7% of the total prison population, of whom nearly half have passed their minimum tariff.

We intend to undertake a wholesale review of how IPPs operate as part of our sentencing programme in government. We also believe that our 'min-max' sentencing proposals will address some of these problems. Through setting many offenders a minimum and maximum time to serve in prison, with the possibility of the prisoner earning release before the maximum through good performance, sentencers will be provided with an alternative sentence for those offenders whose rehabilitative progress they feel needs to be particularly carefully monitored prior to any release decision. The existence of a maximum will also ensure that prisoners do not remain in prison indefinitely.

Incentives and Earned Privileges

There are three levels of IEP: basic, standard and enhanced. Some prisons also have a fourth status ‘super enhanced.’ If you are on the standard level, you can apply for enhanced status every three months. If you don’t apply, your IEP status should be reviewed once a year, unless there is a change in behaviour beforehand.

If prisoners are deemed to have behaved badly, their IEP can be taken away from them. This is not supposed to be a form of discipline, although it can be hard not to see it that way! Privileges that can be earned in the IEP scheme are:
- better pay
- being able to access your own money
- TV in your cell
- more visits
- being able to wear your own clothes
- longer association

Some prisons also offer enhanced canteen, mail order facilities and access to the gym.

How to get Enhanced Status

The prison will look at the following to decide whether you should get enhanced status:

- good behaviour
- using your time in prison constructively
- your approach to your sentence
- your attitude to people outside prison including the victim of your offence

Unfortunately, prisoners who maintain their innocence are at a disadvantage with IEP. The prison can take into account the fact that you deny your offence - not because of the fact that you are denying the offence, but because denial means that you cannot participate in offence based courses. This has been held to be lawful on numerous occasions.

If you’re having trouble with your IEP, contact a solicitor.

Determinate Sentences - Release Dates

Sentence lengths and release dates can be very complicated. It all depends on the type of sentence, when the offence was committed, when the sentencing hearing was and whether it's a long or short sentence (under or over four years).

It can be extremely confusing for everyone involved when someone is sentenced for an historic offence, such as historic sex offences. There can often be problems in sentencing for historic offences, especially where the statutory maximum for the offence has changed between the date the offence was committed and the date when the offender was sentenced.

The Parole Board website has a useful guide to explain types of determinate sentences, click here.

Indeterminate Sentences

Indeterminate sentences are different from determinate sentences because there is no set date on which the prisoner will be released. Prisoners who serve determinate sentences know the maximum length that their sentence will be, and when they will become eligible for parole or early release. Prisoners serving indeterminate sentences are required to serve a ‘minimum term’, which used to be called a ‘tariff,’ before being eligible for release on licence.

If a prisoner was sentenced before 18th December 2003, the Home Secretary would have set the tariff. Nowadays it is the sentencing judge who sets the minimum term. There are arrangements in place for prisoners who were set a tariff under the old provisions to have their minimum term set by a judge. It is possible to do this up until the expiry of their tariff, but not afterwards.

Types of Life Sentences

Life Sentences for Adults

A sentence for adult offenders convicted of murder must be a life sentence: there is no way around this. A judge can also impose a life sentence for other serious offences. These include serious sexual assaults, manslaughter, arson and attempted murder. If a prisoner is convicted of these kinds of offences, the judge does not have to impose a life sentence but has a discretion to do so. In order to impose a discretionary life sentence, certain conditions have to be met. These are:

i) the maximum sentence for the offence has to be life imprisonment
ii) the offender is dangerous or deemed to be a significant risk as set out by statute law (Criminal Justice Act 2003 section 225)

It used to be the case that some prisoners got ‘automatic life sentences’. These were imposed on individuals aged 18 or over who were convicted of their second ‘serious’ offence – and who posed a threat to the public. After the CJA 2003 came into force, this was replaced by Imprisonment for Public Protection or IPP.

Offenders who are between 10-17 years old

If convicted of murder, a young offender will be detained at ‘Her Majesty’s Pleasure.’

Offenders under 18 years old who are convicted of a Serious Offence

If the offence carries a maximum penalty of ‘detention for life’ and the offender is ‘dangerous’ in accordance with the provisions set out in s.226 of the Criminal Justice Act 2003 will be sentenced to ‘detention for life.’

Offenders aged between 18 to 20 years old

If an offender is aged 18-20 years old on the date of conviction for murder, they will receive ‘custody for life.’ Offenders sentenced for other offences may also get custody for life, but only if they are ‘dangerous’ in accordance with s.225 Criminal Justice Act 2003

Lifers are on licence for the rest of their lives. This means that they are liable to be recalled to prison at any time after release.

Imprisonment for Public Protection

Until the Criminal Justice Act 2003, some prisoners received mandatory Imprisonment for Public Protection or IPP, if they met certain criteria. These were:

i) the offence was a ‘specified offence’ under Schedule 15 of the Criminal Justice Act 2003. For a full list, click here.
ii) the court considered that there was a real likelihood that further serious offences would be committed and cause a threat to the public.
If these conditions were met, an IPP would be imposed unless the court decided that IPP was not reasonable having regard to all the circumstances.

Nowadays, the court is only allowed to impose IPP if:

i) The seriousness of the offence committed should warrant at least a custodial sentence of four years
ii) The offence must also be serious enough for an IPP to be imposed
iii) The offence must be a specified offence that carries at least ten years imprisonment
iv) There must be a significant risk that further ‘specified offences’
would be committed and cause a risk to the public
v) The offender does not meet the requirements for a discretionary life sentence

Rights For Remand Prisoners

On entry into prison, prisoners go through an ‘induction process’. Some prisons have a dedicated induction wing for this. All prisoners who have never been in custody before will go through this procedure, as will prisoners who have gone from being remand prisoners to convicted prisoners. The length of stay in induction will vary, depending on whether or not they have been in prison before, or if they are considered vulnerable.

Prisoners who are on remand should not be in contact with convicted prisoners. This means that no remand prisoner should ever be put in a cell with a convicted prisoner. A ‘convicted’ prisoner is someone who has been sentenced, or who has either pleaded guilty or been found guilty after a trial and is awaiting sentence.

When a prisoner is on remand, they are generally categorised as ‘U’ prisoners, and are in most circumstances put into Category B or C prisons. On entry into the prison system, a remand prisoner should be put into the ‘standard’ level of the IEP (Incentives and earned privileges) scheme. They should only be put on ‘basic’ IEP as a result of behavioural problems.

Remand prisoners are not required to work in prison if they don’t want to. They can wear their own clothes (unless deemed an escape risk), are allowed to purchase books, newspapers etc with their own money and can carry out business activities, in so far as is possible. They can have as many visits as they like, within reason, have a greater tobacco allowance than convicted prisoners, and can receive medical or dental treatment from a practitioner of their choice, if they are willing to cover the cost themselves.

Prisoners who have been charged with certain offences will be put into ‘provisional category A’ in accordance with PSI 03/2010. Visitors to provisional Category A and Category A prisoners must be ‘approved.’ What this means is that visits will be closed until open visits have been approved. Visits to exceptional high-risk category A prisoners will be subject to background checks by the police so there will be a delay between being remanded and having visits from relatives. That said, the delay cannot be for longer than is reasonable. Prisoners who are experiencing considerable delays in this regard should contact a solicitor for advice.

About This Blog

Prisoners retain all of their civil rights, except for those that are expressly or implicitly removed by law. That means, for example, that a prisoner is entitled to receive the same level of health care just like any other citizen. The mere fact of being in prison does not take away that right. Often, however, because prisoners are entirely at the mercy of the Prison Service, the Parole Board, and the agencies overseen by the Secretary of State for Justice, things can go wrong and it can feel like there’s no-one to turn to for advice. This blog provides bite-sized information about a wide variety of issues that prisoners and their families are likely to face.