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Case challenges sentencing policy Case challenges sentencing policy
(about 3 hours later)
The government's handling of the introduction of indeterminate jail sentences is to be challenged in court.The government's handling of the introduction of indeterminate jail sentences is to be challenged in court.
A convicted sex offender, who cannot be considered for release because he is unable to enrol on a parole course, is taking his case to the Court of Appeal.A convicted sex offender, who cannot be considered for release because he is unable to enrol on a parole course, is taking his case to the Court of Appeal.
It comes as a report concludes indeterminate jail sentences have stretched prisons to breaking point.It comes as a report concludes indeterminate jail sentences have stretched prisons to breaking point.
Prisons Minister David Hanson told the BBC's Newsnight that he had ordered a review of indeterminate sentencing.Prisons Minister David Hanson told the BBC's Newsnight that he had ordered a review of indeterminate sentencing.
He said: "The prison board, prison staff, prison visitors, have all indicated there are issues with the operation of IPPs [indeterminate sentences].He said: "The prison board, prison staff, prison visitors, have all indicated there are issues with the operation of IPPs [indeterminate sentences].
"I think we need to look at those issues, learn from them and see what the review produces for recommendations when it reports to me in September.""I think we need to look at those issues, learn from them and see what the review produces for recommendations when it reports to me in September."
No chance of releaseNo chance of release
Critics of indeterminate sentencing say the court case, which is due to be heard on Tuesday, represents just one of the problems associated with the practice of indeterminate sentencing.Critics of indeterminate sentencing say the court case, which is due to be heard on Tuesday, represents just one of the problems associated with the practice of indeterminate sentencing.
David Walker was given an indeterminate sentence after being convicted of sexual assault while drunk.David Walker was given an indeterminate sentence after being convicted of sexual assault while drunk.
He has to prove he is no longer a danger to society before he can be freed.He has to prove he is no longer a danger to society before he can be freed.
But his lawyers are arguing he has no realistic possibility of starting the release process because there are no parole courses for life prisoners at his category of jail.But his lawyers are arguing he has no realistic possibility of starting the release process because there are no parole courses for life prisoners at his category of jail.
...they have become a ferocious, unjust law that, in two years, has catapulted around 3,000 people into jail for who knows how long Juliet LyonDirector of the Prison Reform Trust ...they have become a ferocious, unjust law that, in two years, has catapulted around 3,000 people into jail for who knows how long Juliet LyonDirector of the Reform Prison Trust
Chief Inspector of Prisons Anne Owers criticised the way indeterminate sentences had been brought in.Chief Inspector of Prisons Anne Owers criticised the way indeterminate sentences had been brought in.
She told the BBC's Newsnight: "There was no plan about how the prison system, already overcrowded, already under stress was going to deal with them."She told the BBC's Newsnight: "There was no plan about how the prison system, already overcrowded, already under stress was going to deal with them."
Andy Hall QC, chairman of the Bar Association, also spoke to BBC's Newsnight.Andy Hall QC, chairman of the Bar Association, also spoke to BBC's Newsnight.
He said the government's "hairy-chested" sentencing climate had resulted in a "huge explosion in numbers of people serving life sentences, which is making a very significant contribution to the prison crowding crisis we have at the moment".He said the government's "hairy-chested" sentencing climate had resulted in a "huge explosion in numbers of people serving life sentences, which is making a very significant contribution to the prison crowding crisis we have at the moment".
'Technical measure''Technical measure'
The Prison Reform Trust's report reveals how more than 3,000 of the life sentences have been passed, many for relatively minor offences, since the introduction of indeterminate sentencing in 2005.The Prison Reform Trust's report reveals how more than 3,000 of the life sentences have been passed, many for relatively minor offences, since the introduction of indeterminate sentencing in 2005.
That number is expected to rise to at least 12,000 by 2012.That number is expected to rise to at least 12,000 by 2012.
Juliet Lyon, director of the Reform Prison Trust, said indeterminate sentencing caused harm to both the prison system and inmates.Juliet Lyon, director of the Reform Prison Trust, said indeterminate sentencing caused harm to both the prison system and inmates.
"They were designed as a technical measure to detain a small number of dangerous offenders," she said."They were designed as a technical measure to detain a small number of dangerous offenders," she said.
"But badly drafted, and whipped up by the previous prime minister and home secretary, they have become a ferocious, unjust law that, in two years, has catapulted around 3,000 people into jail for who knows how long.""But badly drafted, and whipped up by the previous prime minister and home secretary, they have become a ferocious, unjust law that, in two years, has catapulted around 3,000 people into jail for who knows how long."