(1 day, 5 hours ago)
Lords ChamberMy Lords, I hesitate to interrupt, but does the noble Lord accept that, in many cases, especially in the early part of the IPP regime, judicial discretion was almost nil? It was not that the judge determined that an IPP sentence was appropriate; rather, the guidelines given to him said that in certain circumstances, where the offence for which the person had been found guilty and an earlier offence for which they had been convicted appeared on a certain table in a certain configuration, they had no choice but to give an IPP sentence. That is how the sentence was imposed in many cases. There were circumstances where two people were prosecuted for the same crime, which they had carried out together. One of them had a history which brought this table into operation, the other did not. One would get an IPP sentence, the other a determinate sentence appropriate to that crime, although they had both been involved. That point, which is of capital importance, has never been fully recognised by the Ministry of Justice. Judicial discretion was not exercised or exercisable in the case of many of these sentences.
Before my noble friend on the Front Bench replies, could he also reflect that this took place on a Court of Appeal ruling two years after the implementation of the Act in 2005? That judgment then determined the hearings and therefore the sentences granted by judges, consequent on that Appeal Court ruling.
Lord Timpson (Lab)
I thank noble Lords for their helpful comments, which explain why this is such a difficult and important area. We need to keep the public safe, but we also need to keep working as noble Lords to try to do what we can to address this situation.
I welcome the thoughts of the noble Lord, Lord Berkeley, and the noble and right reverend Lord, Lord Sentamu, on the importance of supporting IPP offenders.
(1 year, 4 months ago)
Lords ChamberMy Lords, I commend my noble friend on getting through his maiden Statement, and in particular for answering the questions so concisely and clearly. He of all people, as he has already referred to, is fully aware of the big challenges of rehabilitation and avoiding reoffending and, therefore, recall. Would he be prepared to talk to his right honourable friend the Secretary of State and, I hope, Ministers in the Department for Work and Pensions and the Ministry of Housing, Communities and Local Government about the very real challenge of additional large numbers being released into local communities in September and October, to avoid homelessness and to ensure that there is not a return to prison, which all of us fear?
Lord Timpson (Lab)
I thank my noble friend for the question. It is crucial that people leaving prison have somewhere to live. Having been in this space for a number of years, I have met too many people who have left prison—I have seen them outside the gate—and there is no one to meet them, they have nowhere to live and nowhere to stay that night. It is not surprising that the revolving door often means they come back in. I will take my noble friend’s questions away and get back to him. I know we are meeting very soon.