This week government figures are likely to show the prison population back to where it was before the last early release scheme.
But even though hundreds of prisoners have served only 40% of their sentences, there is a cohort of the prison population who have served extended sentences, years beyond their minimum term.
IPP sentences (imprisonment for public protection) were introduced in 2005 and abolished in 2012. But the law wasn’t backdated, so the legacy of prisoners serving indefinite sentences continues.
“It’s broken me as a man,” says Andy Logan. The burly 45-year-old from Kent has spent most of the last 20 years in jail on an IPP sentence, now he won’t leave home without his mother.
“I don’t go out, I’ve got no social circle,” he says. “I’m not in no family photographs, it’s like Back To The Future when he gets erased from the photos, I’m not there. I’m a ghost – I’ve been a ghost for 20 years.”
He was given IPP sentences twice, for two cashpoint robberies where he showed his victims a knife but didn’t use it. The minimum terms for each crime were two-and-a-half years and three years, but each time he spent far longer behind bars, the first time four years, then seven years. But that wasn’t the end of it.
After his release, Andy’s IPP hung over him. He could be recalled for any misdemeanour, including drinking too much alcohol, taking drugs, or missing probation appointments.
Over the next eight years he was recalled six times and would spend months behind bars waiting for a decision. His recall prison time alone has amounted to nearly four years. Twice the recalls were later deemed “unjustified”.
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“I started my sentence with people who murdered people – and some of them got out before me,” says Andy.
“I lost all hope. I thought I’d never get out. I took drugs for four years. I exploded in weight. Self-harm started happening and I’d never self-harmed in my life.”
Andy lifts up his sleeve to reveal a red scar. “That one, I nearly did the artery on my last recall. I was just so frustrated I wanted to die.”
His lawyer Catherine Bond says he was often recalled for minor breaches.
She said: “One was in 2020 – Andy does struggle with alcohol addiction. He had started drinking more at that point.
“He kept his probation officer informed, but his probation officer recalled him anyway, and the parole board found the recall was unjustified because although there was alcohol use, that doesn’t necessarily equate to any increased risk.”
Each IPP recall is ‘re-traumatising’
Ms Bond says the recalls have damaged Andy’s mental health.
“Each time you go back in there you don’t know when you are going to get back out so the whole process is re-traumatising, and I think it can make it more difficult for people to resettle when they get back out so each recall can increase the risk of further recalls,” she said.
But she also has IPP clients who’ve never been released – one jailed in 2005.
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“It was a robbery – threat of violence. I’m not minimising that in any way but 20 years on it’s totally disproportionate and these are people’s lives,” she said.
“Of course, they’ve done something wrong but effectively it is the misfortune of having committed an offence at a particular time… meant they are in prison for this excessive amount of time.”
The number of unreleased prisoners on IPP has fallen from 5,000 in 2015 to 1,180 in early 2024. Around 700 of those have served 10 years longer than their minimum term.
The number recalled is rising with over 1,600 currently back in jail, mostly for licence breaches. The average time spent imprisoned on recall has risen dramatically from 11 months to around 26 months.
Andy is so fearful of recall, he doesn’t go out without his mother Betty. As Betty drives him to meet his probation officer, he says: “What if someone takes a dislike to me and says ‘who are you looking at?’ and makes an allegation against me – I’m in prison. So, I’m just terrified.”
But Andy hopes this could be one of his last visits to probation. Until recently, any IPP prisoner would have to wait at least 10 years after their release from prison before their licence could even be considered for removal by a parole board – but in February this year that time period was reduced to three years. For Andy that means in the next few months he could finally get off it.
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A Ministry of Justice (MoJ) spokesperson said: “It is right that IPP sentences were abolished. With public protection as the number one priority, the lord chancellor is working with organisations and campaign groups to ensure appropriate action is taken to support those still serving these sentences, such as improved access to mental health support and rehabilitation programmes.
“An independent report from His Majesty’s Inspectorate of Prisons found the majority of recall decisions were necessary to keep our streets safe. However, to avoid waiting unnecessarily for parole board hearings, eligible IPP prisoners can now be considered for release earlier after a thorough risk assessment.”
The prison population is bursting and is set to run out of space within a year according to internal forecasts from the MoJ. But some of those taking up space – probably shouldn’t still be there.
