High Court orders release of post-tariff IPP prisoner  

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UPDATE 20/11/07 Government appeals ruling on indeterminate sentences .

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R (on the application of James) v Secretary of State for Justice (CO/4143/2007) before Mr Justice Collins on 20th August 2007 > judgment

Brett James had received an IPP sentence (Imprisonment for Public Protection) in 2005 with a minimum term (or tariff) of 1 year 295 days which expired in July 2007. Since then he had been eligible for release however the Doncaster prison where he is being held does not have the resources to assess his dangerousness or to provide the courses he should complete to demonstrate his reduced risk to the Parole Board.

Mr Justice Collins ruled that detention post-tariff was unlawful if there was no means by which dangerousness could be assessed and by way of remedy, ordered the immediate release of Brett James. However this order has been stayed pending an appeal by the Secretary of State.

Following the recent decision in Wells and Walker last month which established the policy as unlawful, this case takes the challenge to IPPs a step further as the judge allowed the judicial review and ordered immediate release (albeit stayed until the Court of Appeal hearing).

It was argued that not only was James' continued detention unlawful because of the decision in Walker but it was also unlawful because it violated his rights under Article 5 (4) of the European Convention on Human Rights. This was not an argument that was available in the Walker case.

Mr Justice Collins said: "Because of the failings of the Government, a fairly large number of IPP prisoners are likely to be released if the Court of Appeal finds the detention is unlawful. This is very worrying."

He added: "It must be recognised that the consequences are truly disastrous because I think it is inevitable that short-term lifers will have to be released whether or not they remain a risk to the public."

Erica Restall of Switalskis' Solicitors, acting for Brett James, said today "The problem for our client is that he is unlikely to satisfy the Parole Board when it meets in September to hear his application that he has met the criteria for release. Brett James therefore faces the prospect of being detained indefinitely despite having served the punitive part of his sentence, as the result of factors which are entirely outside of his control and irrespective of his willingness to comply with what is required of him"

Pete Weatherby acted for Brett James, instructed by Erica Restall of Switalskis solicitors , Bradford.

Background on IPP sentences:

For more background on the current problems facing life sentence and IPP sentence prisoners see:

> " On the same side" by Elkan Abrahamson - Inside Time, August 2007

> BBC Newsnight report on IPP sentence - 30/07/2007

Media coverage

> Indeterminate Outcome - The Times (22/08/2007)

> Dangerous prisoners may get early release - The Times (21/08/2007)

> Judge warns of danger to public safety after ordering release of violent offender - The Guardian (21/08/2007)