I wanted to share some details of a case my excellent colleague @Parole_Lawyer acted in. It illustrates quite how much effort and skill is often required to secure the release of an IPP prisoner. THREAD
Emma acted for an IPP prisoner who had found himself recalled for approaching 10 years following allegations which had been dropped. He maintained his innocence in relation to these allegations. Successive Parole Board Panels had continued to rely on these unproven allegations.
His frustration at being held back in this way had led to him losing hope in custody. He accrued numerous adjudications for non-violent rule breaking.
The IPP sentence has had a really negative impact upon his emotional wellbeing. The uncertainty around when and if he would ever be released meant he had real difficulty in trusting all professionals. He had refused assessments or any further interventions in custody.
Previous Panels had linked his emotional state at hearings to his risk of causing serious harm in the community and he had previously been knocked back for this reason.
As a result of this his initial position was to refuse to give evidence to the Parole Board. Legally, prisoners who have the right to remain silent at their hearings. However, Panels will almost always want to hear from the prisoner directly to make their own assessment of risk.
He maintained this for the majority of the hearing as the evidence was taken. However, with Emma’s encouragement and support, he was able to speak to the Board and provide really insightful evidence.
Emma asked for interventions and made submissions at various points to ensure that he could feel as comfortable as possible and to provide him with the best chance of having a fair hearing.
In submissions Emma was able to argue powerfully that his emotional responses to the sentence and reluctance to engage should not be seen as evidence that he posed a risk of serious harm were he to be released into the community.
Thankfully the Panel accepted these arguments and the client’s release was directed. The Panel commented specifically on his ability to manage such a stressful situation.
Not everyone is fortunate enough to have an advocate like Emma. Keeping calm and carrying on is a near impossible task for many people in this kind of situation. IPP prisoners need hope, help and understanding. ENDS
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This is a thread about an important High Court judgment which was handed down yesterday. It concerns the decision of Dominic Raab to try to control the conduct of parole proceedings and to prescribe how his officials provide evidence to the Parole Board.
Dominic Raab is Lord Chancellor and Secretary of State for Justice. He is under investigation for several bullying complaints during different ministerial posts. Coverage of this is more prevalent than coverage of his performance in his current role. This is about the latter.
Raab has decided to make 'reform' of the parole system one of his priorities. This might be regarded as an odd choice given that his remit includes the whole criminal justice and penal systems. There is very little evidence that the Parole Board is performing badly.
Congratulations on your appointment by your colleagues as our Prime Minister. I listened to your speech earlier. You said your government will have integrity, professionalism and accountability at every level. You also used the word compassion. 1/4
I note that you have reappointed Suella Braverman as Home Secretary. She resigned after 6 days for breaching her ministerial code. She also described the transportation of vulnerable asylum seekers as her dream. Why have you appointed her? Was it for her compassion and integrity?
I note that you have reappointed Dominic Raab as Deputy Prime Minister and Justice Secretary. He refused to engage with the legal profession and perpetuated a crisis which his successor managed to improve within weeks. He has undermined the Parole Board & professionals in HMPPS.
Another day, another depressing report. This relates to people detained in prison under immigration powers (after prison sentences have ended). These are the headlines of this important report.
1. Many immigration detainees held in prisons for long periods despite minimal progress in their cases. There was little prospect of removal within a reasonable period for many & some stayed in prison after release was agreed in principle because of a lack of accommodation.
2. Detainees routinely encountered difficulties in obtaining legal representation for their immigration cases.
A Friday evening shout out for my brilliant @sl5legal colleague @legally_yasmin. Yasmin joined us in the summer. This is a short thread about Yasmin's recent achievements for her clients.
This has been one of the hardest periods I have known for people representing prisoners. Yasmin has risen to the challenges of a dealing with a succession of bewildering and infuriating ‘innovations' by the now departed Justice Secretary.
In the last fortnight Yasmin has had four notable successes. 1. She secured the release of a prisoner who had been recalled for the third time. It was a very difficult case which Yasmin prepared carefully and presented skilfully.
This morning's thread is about HMP Woodhill, a high security prison based near Milton Keynes. You may well find this distressing. I find it extremely distressing.
I have a client who has been at Woodhill for over three years. He is serving an IPP sentence. He expected to serve 4 years. He has served over 10 so far. He was moved to Woodhill to complete a programme which he was told he would start within a short time.
The programme which he has been told is essential for him to complete is still not running at Woodhill. He was told that initial problems were due to Covid. He has been told repeatedly that it will finally start this summer. This has proved to be untrue.
A thread this morning to illustrate the state of a particular prison. This one is HMP Swaleside, a large category B prison on the Isle of Sheppey in Kent. This thread focuses on visits.
Social visits are extremely important to prisoners and their families. Legal visits are essential if you are instructed to represent a prisoner in legal proceedings. Swaleside offers the same two hour slot for social and legal visits on three afternoons each week.
Swaleside is one of a tiny number of prisons which do not offer any videolink or phone conferencing for legal visits. This means that all legal visits must be in person. In many cases remote legal visits are satisfactory and appropriate.