Father Trapped In Jail 18 Years After Being Given 8-Month Sentence

[naomi24]

This is extraordinary!

 

https://www.independent.co.uk/news/uk/crime/ipp-sentence-james-lawrence-torment-b2619658.html

[jackthehat]

What a travesty!

His name, together with the names of others similarly imprisoned, should have been top of the list when the recent crop of prisoners were released.

[Peter Pedant]

These are indeterminate sentences which are now (banned) but those that govern us for our own good ( the great and good) did not turn abolish those already enmeshed. And if you are not a good boy when you are 'in' they keep you in.

It was a new gadget for judges who over-used it in the initial period, which must have been 2005. and didnt work ( see above)

NJ may be able to say why those already 'caught' in the trap were not converted to the usual sentence - it may have been Parliament did not want to interfere with sentencing

[ToraToraTora]

There are 3000 of these why didn't they look at them first when they were looking for spaces the other week?

[Peter Pedant]

 top of the list when the recent crop

nope. they have their own release criteria, so you can never say 1/2 the sentence - because the sentence is er indeterminate.

(the criterion involves being good in prison) - altho the article does read that he was released on licence a few times and screwed it. 

[barry1010]

Not just being good in prison, he has been recalled to prison five times for apparently minor breaches.

[douglas9401]

"The Lord Chancellor is committed to working with organisations and campaign groups to ensure the appropriate course of action is taken to support those still serving IPP sentences."

 

Well there's the kiss of death on any speedy resolution right there.

Shameless foot draggers.

[johnk]

Why not look at what he's done to stay in prison.   ABers are always "lock em up for life" and now someone seems to be they are all against!  He's in there for a reason.

[david small]

He fought against the law, and the law won. To quote a well known song.

[barry1010]

He was recalled to prison for being late to curfew  by 2 hours and again for absconding for 6 months whilst his girlfriend was pregnant.  He has only ever been convicted of waving a starting pistol (the charge was imitation firearm) and a drunken pub fight with a concurrent sentence.

Of course the report is one sided and his behaviour in prison has not been mentioned.  It is interesting to note that since being sentenced to prison he has only been free for a year yet recalled for breach of licence five times. What happened on the other three occasions?

On the face of it, he has been treated unfairly and the situation of not knowing when he might be released could give rise to mental trauma but we don't know all the facts.

 

[sandyRoe]

Might he find a remedy at the much maligned European Court of Human Rights?

[barry1010]

The ECHR ruled IPPs were 'arbitrary and unlawful' years ago (2012 I think) and awarded compensation to some people who had been handed that sentence.  It resulted in the IPP being scrapped but not retrospectively.

https://www.theguardian.com/law/2012/sep/18/strasbourg-judges-indeterminate-sentences-unlawful