Nine prisoners held on indefinite jail terms referred to Court of Appeal by miscarriage of justice watchdog

Nine more prisoners trapped on indefinite jail terms have had their sentences referred to the Court of Appeal by the miscarriages of justice watchdog.

The Criminal Cases Review Commission (CCRC) is currently reviewing more than 250 cases involving people serving Imprisonment for Public Protection (IPP) and the youth equivalent, Detention for Public Protection (DPP) jail terms.

So far the watchdog has referred 25 cases to the appeal courts this year after a string of sentences were overturned by top judges.

The latest cases include Carl Lamb, who cut off his own ear with a razor blade in front of a prison officer in protest at his sentence.

He was jailed with a tariff of one year, seven months and 25 days in 2006 for grievous bodily harm with intent following a road rage incident when he was 26. Now 46, he has never been released.

Shaun Lloyd, 38, has been hauled back to prison five times and served almost 14 years under his indefinite jail term for the street robbery of a mobile phone he committed 20 years ago.

Chair of the CCRC, Dame Vera Baird KC, has said the referrals represent a “fraction” of those who remain “caught up in this abolished sentencing regime”.

The open-ended punishments were scrapped in 2012, but not retrospectively, leaving thousands languishing in prison without a release date.

The Independent has repeatedly called for all remaining IPP and DPP prisoners to have their sentences reviewed, highlighting shocking cases including Mr Lloyd’s and Mr Lamb’s.

Andy Burnham has now pledged to bring legislation to end the “long-running” injustice of IPP sentences before the end of this parliament. Details of how the scandal will be addressed are to be decided by a cross-party oversight group.

Dame Vera, a former victims commissioner, said public protection must remain paramount but “so too must fairness” as she offered to support the government in their efforts to bring the sentence to an end.

"These nine referrals bring to 25 the number of IPP and DPP cases that the CCRC has referred to the Court of Appeal so far this year,” she said.

"But while 25 referrals are a significant number, this represents only a fraction of the people who remain caught up in this abolished sentencing regime.

"The latest figures show that 856 people who were given IPP sentences have never been released from prison. Around eight in ten of those who have passed their minimum tariff have already spent at least ten years beyond the point at which the Court originally said they should become eligible to seek release. A further 1,415 people are in custody following recall.

"These are extraordinary figures for sentences which were abolished more than a decade ago.”

Recent Court of Appeal judgments have seen indefinite sentences overturned because the original judge had not fully considered the defendant’s age or maturity when handing out the punishment.

Dame Vera said the CCRC will continue reviewing applications, adding: "The Commission will continue to examine these cases carefully and independently. Where we identify a real possibility that a sentence would now not be upheld, we will refer the case to the appropriate court. It will then be for the court to decide what should happen.

"There is no simple solution to the legacy of IPP and DPP sentences. Public protection must remain paramount, but so too must fairness and the principle that people should not remain imprisoned indefinitely because of a sentencing regime that has already caused so much damage and which Parliament abolished more than a decade ago.”

The nine latest referrals include:

• Abdiwali Hassan, convicted at Isleworth Crown Court in 2011 and sentenced aged 19 to an IPP with a tariff of three years
• Carl Lamb, convicted at Cardiff Crown Court in 2006 and sentenced aged 26 to an IPP with a tariff of 21 months
• Ben Nye, convicted at Leeds Crown Court in 2007 and sentenced aged 21 to an IPP with a tariff of three years
• Scott Prince, convicted at Derby Crown Court in 2008 and sentenced aged 19 to an IPP with a tariff of three years and six months
• Liam Osborne, convicted at Wolverhampton Crown Court in 2006 and sentenced aged 21 to an IPP with a tariff of two years and three months
• Jerome Barrett, convicted at York Crown Court in 2005 and sentenced aged 19 to a DPP with a tariff of two years
• Victoria Hathaway, convicted at Ipswich Crown Court in 2009 and sentenced aged 19 to a DYPP with a tariff of six years (varied on appeal to four years)
• Shaun Lloyd, convicted at Cardiff Crown Court in 2005 and sentenced aged 18 to a DYPP with a tariff of two years and nine months
• Jason Ritchie, convicted at Teeside Crown Court in 2008 and sentenced aged 38 to an IPP with a tariff of three years