Indeterminate sentences in the UK – too short or too long?

Lee este artículo en español | 28-05-2009| Blog In English

Whilst in Spain there is growing debate over life sentences, since 2005 in England and Wales, indeterminate sentences have been applied to more than 11,000 prisoners:

No End

Such prisoners must serve a minimum period of imprisonment to meet the needs of retribution and deterrence. This punitive period is announced by the trial judge in open court and is known commonly as the “tariff” period… No indeterminate sentence prisoner can expect to be released before they have served the tariff period in full. However, release on expiry of the tariff period is not automatic. Release will only take place once this period has been served and the Parole Board is satisfied that the risk of harm the prisoner poses to the public is acceptable.

This type of sentence is in the news again because of the sentence handed down to those responsible for the death of Baby P (the mother, the boyfriend and the lodger) on the one hand and to Mr. Wells – a thief who robbed a taxi driver – by the House of Lords, on the other.

In the case of the mother, the boyfriend and the lodger who are responsible for the death of Baby P, the problem seems to be that public opinion – and therefore political opinion – doesn’t agree with the tariff periods chosen by the judge – five years for the mother, ten years for the boyfriend (convicted of the rape of a two-year old baby girl at the same time) and three years for the lodger.

The Attorney General is wondering whether or not to refer the sentences to the Court of Appeal, in order to lengthen them somewhat.

In the case of Mr. Wells, their lordships have decided that he is one of a large number of English prisoners currently in prison with an indeterminate sentence who find it very difficult to get out of jail – even when their tariff periods are up – because in their prisons there aren’t enough resources to organise the obligatory rehabilitation and training courses necessary for you to be considered reformed and rehabilitated.

Without resources, there are no courses, you may not opt for parole and you stay put.

Which is why, among other reasons, I imagine, only 50 people serving indeterminate sentences – out of a total of more than 11,000 – have left prison since this sentencing option was introduced two years ago.

So perhaps public opinion and politicians shouldn’t worry so much because, as Afua Hirsch in The Guardian (A prison sentence without end) concludes:

The only problem these sentences have presented in the courts is that it is almost impossible to get out of prison once the minimum time expires.

What do you reckon?