Management of IPP prisoners

In document Unjust deserts: imprisonment for public protection (Page 82-84)

When the IPP sentence was introduced, IPP prisoners were managed as life sentence prisoners within the prison system, in terms of categorisation. This meant that they were expected to remain in local prisons (the prisons to which they would initially be sent

following sentence) until a process of assessment was completed. Subsequently, they were to be sent to first stage lifer (category B) establishments for further assessment, the completion of sentence plans detailing appropriate interventions, and the start of intervention work. They could then, in theory, proceed to category C training prisons for completion of the

interventions, and thereafter to open or resettlement prisons.58

In practice, and as clearly documented in a thematic review of IPP published by the prisons and probation chief inspectorates in 2008, the large numbers of IPP prisoners entering an already over-crowded Prison Service, the overly bureaucratic and rigid system of lifer management, and the lack of understanding of the IPP sentence among many prison staff, all contributed to a severe logjam of IPP prisoners in local prisons, where they had little or no opportunity to embark on interventions of any kind (let alone make meaningful progress through their so-called sentence plans) (HMCIP, 2008). The report on the Lockyer review of indeterminate sentence prisoners expressed the problem in stark terms:

The current reliance on the lifer management arrangements for dealing with all IPP prisoners has failed. IPPs are stacking in local prisons and are not moving to establishments where their needs can be assessed or better met (Ministry of Justice 2007a: 22).

In response to the very evident and deepening problems associated with the movement of IPP prisoners through the secure estate, a new and more flexible system of IPP management was introduced in February 2008, as detailed in Prison Service Instruction 07/2008 for male IPP prisoners (HM Prison Service, 2008). The PSI specified that IPP prisoners were

henceforth to be managed through the closed estate like determinate rather than life sentenced prisoners. This was to be achieved by amending the categorisation process, such that IPP prisoners were no longer required to enter category B conditions. Under the new system, there was a presumption that IPP prisoners with tariffs of 3 years or less would receive a C categorisation and thus move directly into a training prison, while those who were categorised as B could progress from here through the normal process of

categorisation review. At the time of writing, the system established by PSI 07/2008 is still in place and is widely regarded as a significant improvement on the previous arrangements; but evidence is emerging that the bottleneck of IPP prisoners has shifted from category B to category C establishments, as movement on to open or resettlement prisons is proving difficult.

58. This account refers to male IPP prisoners, who make up the very large majority of the IPP population. Management of female IPP prisoners broadly follows the same approach, but the system of categorisation of women in prison is somewhat different.

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Around the same time as the new system of IPP categorisation was introduced, the third phase of the offender management model was rolled out, with further implications for the management of IPP prisoners. The offender management model was launched with the establishment of the National Offender Management Service (NOMS) in 2004, and is intended to be an integrated approach to sentence planning and delivery by the prison and probation services. Phase III of the model was specifically directed at the IPP custodial population, and meant that these prisoners were brought under the overall management of community-based probation officers known as ‘offender managers’ (rather than, as had generally been the case prior to this, lifer managers in the prisons). The offender managers were given responsibility for conducting assessments and formulating sentence plans. Day-to- day supervision of IPP prisoners, meanwhile, was to be undertaken by prison-based ‘offender supervisors’, usually prison officers (see Ministry of Justice (2007c) for details on Phase III Offender Management).

In practice, as has been documented by the latest joint inspectorates’ report (CJJI, 2010), the relocation of IPP prisoners from the lifer system into offender management units has been problematic in various respects. Input from offender managers has been constrained by inconsistent implementation of Phase III of the offender management model, and the

inevitable logistical difficulties associated with the use of community-based probation staff to manage prisoners spending lengthy periods of time in custody. The consequences of these problems include poor quality sentence planning and an ‘unacceptably low’ completion rate of plans.

The history of the sentence of imprisonment for public protection (IPP) is an object lesson in how to mismanage sentencing reform.

This report describes the IPP sentence and its usage. It reviews the implications of the IPP sentence for those serving it and for the criminal justice system as a whole. It highlights the flaws inherent in the design of the sentence and the injustices arising from its implementation.

The report describes how the IPP sentence greatly expanded the scope for indeterminate sentencing and thereby created a range of problems with which the Prison Service and other parts of the justice system are today failing to cope. It

concludes that there is an urgent need for the government to re-examine the sentence and offers policy options to assist in any such review.

Prison Reform Trust, 15 Northburgh Street London EC1V 0JR

Registered charity no: 1035525 Company Limited by Guarantee no: 2906362

Registered in England and Wales www.prisonreformtrust.org.uk info@prisonreformtrust.org.uk

In document Unjust deserts: imprisonment for public protection (Page 82-84)