Parole course access 'unlawful' Feb 2, 2008
The ruling came after two offenders challenged their continued detention under "indeterminate sentences" ... The Court of Appeal ruling on indeterminate sentences for public protection (IPP) - under which offenders must prove they are safe for release - came after an appeal by two prisoners - sex offender David Walker and Brett James, jailed for causing grievous bodily harm - last year ... Home affairs correspondent Danny Shaw said the ruling was a "final warning" to Mr Straw that he must get... (BBC News -- UK)
Parole Board breaches human rights of prisoners, Court of Appeal rules Feb 2, 2008
In the second judgment, Mr Straw was appealing against a High Court ruling that he acted unlawfully in the cases of two prisoners who received an indeterminate sentence. The ruling left in place a High Court declaration that the Justice Secretary had failed to allow prisoners serving sentences for public protection (IPP) to demonstrate they were no longer a danger to the public. (Independent)
Four who stole 53m likely to serve 30 years Jan 30, 2008
Lea Rusha, 35, a kickboxer and former roofer who took part in both the robbery itself and the kidnap of Colin Dixon, the depot manager, was given an indeterminate sentence for public protection, with a minimum of 15 years ... The judge said that he was imposing the indeterminate sentences on the four robbers for public protection, because they posed a "risk of serious harm" to the public. (Guardian Unlimited)
Dangerous offender hearing sought for bank robber Jan 16, 2008
If ruled a dangerous offender, Mr. Donnelly would be given an indeterminate sentence which would be subject to periodic reviews to determine if he no longer poses a public risk. Recommend this article. (Globe and Mail)
Warning over high risk prisoners Dec 31, 2007
Raymond Alvin Kennedy, serving an indeterminate sentence for kicking and beating a vagrant to death in 1991, was recaptured on Christmas Eve after three months on the run. Harry Fletcher, Napo's assistant general secretary, said open prisons are an excellent idea but must be used appropriately. (BBC News)
Three supersize prisons housing 2,500 each will be built to tackle overcrowding crisis Dec 6, 2007
Prison numbers have been swelled by the indeterminate sentence for public protection (IPP), brought in by the former home secretary David Blunkett four years ago. Judges were required to pass IPPs for a wide range of sexual and violent offences, some comparatively minor. (Guardian Unlimited)
Prison overcrowding review due Dec 5, 2007
She described indeterminate sentences as "badly drafted" and "Kafkaesque". Ms Lyon explained that in order to be released from an indeterminate sentence, prisoners must prove they are no longer a threat to the public by doing courses while in prison, but the courses are often not available to them ... He said it was "extraordinary" that the government was suggesting limits on indeterminate sentences because they had been brought in by Labour and previously worn as a "badge of honour". (BBC News -- UK)
Grand jury studies arson case Nov 2, 2007
Otherwise, prosecutors may opt for an indeterminate sentence, which is by far the most common punishment in juvenile cases. The state in this scenario could have custody of the juvenile until he turns 19, at which time he would be released with no criminal record. (Rosenberg Herald-Coaster, TX)
Concealed crimeThe killer who covered up his cellar crime with eight years of lies Oct 31, 2007
A convicted paedophile, the jury in the murder trial only discovered he was serving an indeterminate sentence for abusing a 13-year-old girl after he was found guilty. He had always denied killing Mrs Carre, claiming for years that she had gone to the live in the Republic of Ireland. (BBC News -- UK)
Prisoner backlog 'unsatisfactory' Oct 10, 2007
IPP (indeterminate sentence for public protection) inmates are given a minimum tariff but must prove they pose no risk to the public before being released. But some inmates argue jails do not give them the chance to do so. (BBC News -- UK)
LETTER BOMBER JAILED FOR FIVE YEARS Sep 28, 2007
Judge Julian Hall told Cooper he would have jailed him for 10 years but ruled that he was a danger to the public and instead handed him an indeterminate sentence. Cooper must serve a minimum of five years. (Sky News)
Overcrowding blamed for rise in prison deaths Sep 22, 2007
The forum also raises concern about the growth in the use of indeterminate sentence for public protection, under which prisoners are not given a fixed release date. "Staff who are regularly exposed to highly vulnerable and suicidal individuals often need training in when to ask probing questions. There is a risk that constant exposure to people who express the desire to harm themselves and others can result in complacency when there is a real risk of them acting out this behaviour," warns the... (Guardian Unlimited)
Indefinite prison terms 'flawed' Sep 21, 2007
Under indeterminate sentence for public protection (IPP), offenders convicted of a wide range of offences are given a minimum tariff. However, they must take courses and undergo assessments to prove they are no longer a danger to the public before they can be released. (BBC News -- UK)
Reform indefinite sentencing call Sep 21, 2007
The Howard League for Penal Reform published a report on the indeterminate sentence for public protection (IPP) introduced in 2005 for offenders convicted of a wide range of serious crimes. The organisation said IPPs are "ill-conceived and fundamentally flawed". (Guardian Unlimited -- UK)
Kidnapper gets life sentence Sep 11, 2007
Delgado's attorney, John Souza of Pocatello, asked McDermott to consider a relatively short fixed sentence with a lengthy indeterminate sentence. He also asked that Delgado be placed in a therapeutic community as soon as possible to receive the help he needs. (Pocatello Idaho State Journal, ID)
Simmering anger that finally boiled over Aug 30, 2007
The introduction of the indeterminate sentence for public protection (IPP) has exacerbated the problem. Last month the Prison Reform Trust claimed that "thousands of people are sentenced to a bureaucratic limbo where they have no means to work towards their release". (Guardian Unlimited)
Indeterminate sentence reform urged Aug 26, 2007
So-called indeterminate sentences for public protection (IPPs) have led to many prisoners being kept behind bars for longer than the minimum period set out by the court. Justice Secretary Jack Straw has already announced he is reviewing the operation of IPPs, which were introduced under the Criminal Justice Act 2003. (Ananova -- UK Headlines)
Lack of assessment may lead to inmates' release Aug 21, 2007
Mr Justice Collins said that government "failings" over the introduction of its indeterminate sentence for public protection (IPP) in 2005, meant that prisoners were being kept in jails that lack the resources to review their minimum sentences. In a test case he ordered that the continued imprisonment of Bret James, an inmate at Doncaster prison serving an IPP, was unlawful. (Independent)
Dangerous prisoners may get early release Aug 21, 2007
Since 2005, courts have been able to jail criminals deemed a public risk to an indeterminate sentence for public protection (IPP) a prison term with a minimum time to be served in jail before they can be considered for release ... The judgment is the second in three weeks focusing on the new indeterminate sentence for dangerous and violent offenders but it broke new ground by ordering the release of an offender. (Times Online)
Hundreds of dangerous prisoners could be freed Aug 21, 2007
Mr Justice Collins was ordering that Brett James, an inmate at Doncaster prison serving an indeterminate sentence for public protection [IPP], should be released because his continued detention was unlawful. The violent offender was subject to a sentence which meant he could not be considered for release until he had shown he was no longer a threat to the public. (Guardian Unlimited)
Sentencing blow for govt in court Aug 1, 2007
The government has said it will review indeterminate sentences ... The government's difficulties in handling the country's rising prisoner population were exacerbated today by a court ruling against its indeterminate sentences ... The court of appeal has ruled in favour of two inmates serving the indeterminate sentences for public protection (IPP sentences) after branding them as "arbitrary, unreasonable and unlawful". (InTheNews.co.uk)
Court blow to open-ended sentences Aug 1, 2007
The indeterminate sentence for public protection (IPP), introduced in April 2005, is a new kind of "life" sentence in that it is open-ended. The prisoner has no release date and does not get out until a parole board decides he or she is no longer a risk to the public. (Guardian Unlimited)
Case challenges sentencing policy Jul 31, 2007
He said: "The prison board, prison staff, prison visitors, have all indicated there are issues with the operation of IPPs [indeterminate sentences]. "I think we need to look at those issues, learn from them and see what the review produces for recommendations when it reports to me in September. " No chance of release Critics of indeterminate sentencing say the court case, which is due to be heard on Tuesday, represents just one of the problems associated with the practice of indeterminate... (BBC News -- UK)
'Kafkaesque' indeterminate sentences stretch prisons Jul 31, 2007
Kafkaesque' indeterminate sentences stretch prisons ... But the trust's report said more than 3,000 indeterminate sentences have been passed over the past two years ... Last week Jack Straw, the Secretary of State for Justice, announced an urgent review of the sentences, known as "indeterminate sentence for public protection". (Independent)
Court ruling a blow to indeterminate sentences Jul 31, 2007
The government's use of indeterminate sentences suffered a further blow today after the Court of Appeal ruled there had been a "general and systemic failure" in the sentencing of a sex offender. David Walker, who was convicted of a sexual offence in 2005, contested the controversial indeterminate sentence for public protection (IPP), which was introduced two years ago ... However, Walker's lawyers say the conditions of his indeterminate sentence are unrealistic because the prison where he is... (Guardian Unlimited -- UK)
Remember Whitmore's sordid saga Jul 20, 2007
And know that a life sentence means life -- there is no expiry and this is equally true for a DO's so-called indeterminate sentence. Also, the law requires that both a DO and a lifer can apply for parole after seven years. (StarPhoenix)
The fight against net crime Jul 14, 2007
The man running the site, Timothy Cox, was handed an indeterminate sentence, which means he could serve life in prison. Police forces across the world are following up intelligence gathered in the operation. (BBC News -- Technology)
Teskey 'a coward' Jul 9, 2007
Kerby deemed Teskey a dangerous offender in 2005 and gave him an indeterminate sentence. However, last month's Supreme Court ruling also sets aside that decision. (Edmonton Sun)
'Have I the strength to kill her?' Jun 28, 2007
Once inside the criminal justice system, when their history of "silence" was taken into consideration, they were pronounced to have severe personality disorders, labelled psychopathic and handed an indeterminate sentence, to be released only after significant improvement of their condition. Their bitter struggle intensified in the confines of Broadmoor. (Guardian Unlimited)
Jail for Wilton man in slaying, drug charge Jun 27, 2007
He will receive a determinate sentence of 3 1/2 years for the drug charge - which means he must serve all of it - and an indeterminate sentence of 1 1/2 to 3 years for the homicide charge. He could serve a year or less for the criminally negligent homicide. (Albany Times Union)
15 children saved from UK's biggest paedophile ring Jun 19, 2007
" Cox admitted six offences of possessing indecent images of children with intent to show them and two of distributing them - all carrying a maximum ten-year sentence. At his sentencing at Ipswich Crown Court yesterday, the court heard how some of the chatroom members had posted films and photographs on the site showing themselves abusing their own children so other perverts could download them. Judge Peter Thompson imposed an indeterminate sentence, meaning that Cox can be freed only when he is... (This is London)
Richmond Hill Rapist Sentenced Jun 8, 2007
A judge sentenced him to the indeterminate sentence of 22 to 45 years in prison last week. Joseph Wendelken. (Queens Chronicle, NY)
Ministers face jails crisis Jun 4, 2007
The logjam is thought to affect more than 1,000 prisoners serving indeterminate sentences for public protection (IPP), an initiative for violent and sex offenders introduced by David Blunkett when he was home secretary ... Walker's solicitor, John Dickinson, said: "Clearly the financial implications are substantial if we're successful. The whole system is absolutely collapsing. There is a long waiting list for courses, the parole board haven't got the funds to provide for the number of... (Guardian Unlimited -- UK)
Trans-Atlantic bomb plotter has jail term cut May 17, 2007
The judges rejected argument that an indeterminate sentence for the protection of the public, rather than a fixed term, was not justified by political, religious or ideological motivation ... "If he commits an offence that permits the court to impose an indeterminate sentence, this is likely to be the appropriate course.". (Daily Mail)
Governors call for fewer jailings, not more jails Apr 10, 2007
The prison governors are also alarmed that the new "indeterminate sentence" - under which no release date is set by the court - is being "substantially overused". Latest figures show there are 8,759 prisoners serving such sentences - an increase of 31% in the last year alone. (Guardian Unlimited)
Girl in prison for shove to get released early Teen is first of possible hundreds to be freed from a scandal-ridden juvenile justice system Mar 31, 2007
Cotton, who is 15, had no prior criminal record when she was incarcerated a year ago under an indeterminate sentence that could have lasted until her 21st birthday. Her case rose to national prominence and became the focus of ongoing civil rights protests after a March 12 Tribune story detailed how a 14-year-old white girl convicted of the more serious crime of arson was sentenced to probation by the same judge. (FOX59, IN)
Former judge Weaver released from corrections facility Mar 18, 2007
During a hearing in April 2005, Dillard sentenced Weaver to an indeterminate sentence of up to two years with the Iowa Department of Corrections with the condition he reside at the state residential correctional facility in Davenport until he achieves the maximum benefit from alcoholism programs there. At that time, he would be paroled. (Muscatine Journal, IO)
Girlfriend's mom killer sentenced to 27 years to life Mar 1, 2007
The judge imposed the indeterminate sentence and ordered Sexton to pay a $5,000 fine, Brown said. According to the trial testimony, Sexton had moved in with his fiancee and her mother, Maria Rogers, 57, into the co-op that they owned at 108-17 160th Street in Jamaica, despite the fact that Rogers disliked her daughter's relationship with Sexton and the fact that he was moving into their home. (Forest Hills Ledger, NY)
Racist Tube Gunman Facing Life In Jail Feb 23, 2007
The judge told the court: "He is at the very least going to be subject to an indeterminate sentence under the protection of the public provisions.". Laidlaw will be sentenced later today. (Sky News)
Racist gunman guilty of three attempted murders Feb 23, 2007
Judge Samuel Wiggs said Laidlaw would be subject to an indeterminate sentence for the public's protection. "These offences, certainly the first incident, seem to be almost completely random.". (Guardian Unlimited -- UK)
Jail for 'reign of terror' rapist Feb 6, 2007
Gary Howe was given an indeterminate sentence by a judge who heard how he carried out a string of attacks in Sheffield. He also struck in Bristol. (BBC News -- UK)
Former Denton County constable sentenced in sex abuse case Jan 26, 2007
Although Floyd will be eligible for parole after serving six years of his indeterminate sentence, Colorado has tough rehabilitation standards for sex offenders. Since those measures were imposed, prosecutors say only two sex offenders have been paroled. (KSLA.com, LA)
Killer of NU Soccer Player Will Get No Review From U.S. Supreme Court Jan 17, 2007
Regardless of whether this court would have imposed a sentence of life imprisonment for the minimum term of an indeterminate sentence under the same or similar circumstances, I cannot conclude that the sentencing court's reasons for the sentence protection of the public and imposition of a sentence that does not depreciate the seriousness of the crime, are clearly untenable and deprive Iromuanya of a substantial right and just result. I would find no abuse of discretion and affirm... (Nebraska Statepaper)
Missteps may have freed convicted killer prematurely Jan 14, 2007
Because he had been given an indeterminate sentence, he was eligible for a conditional release after serving two-thirds of his maximum sentence without a recommended loss of good time, Steinhardt said. Linda Foglia, a Department of Correctional Services spokeswoman, said last week that De Campoamor had been punished seven times during his stay in prison, for problems ranging from refusing a direct order to possession of drugs. (Newsday)
Inquiry after gunman's escape Jan 10, 2007
----------------- RELATED BBC SITES. Last Updated: Tuesday, 9 January 2007, 17:37 GMT. (BBC News -- UK)
Indeterminate life terms futile, says parole board chief Jan 10, 2007
Sir Duncan Nichol, chairman of the parole board, has revealed official projections show the number of prisoners on the new indeterminate sentence at any one time is expected to accelerate even faster and reach 12,500 within five years - far outstripping the 8,252-strong traditional "lifer" population in England and Wales. But Sir Duncan told an audience at the King's College centre for crime and justice studies in London that judges are recommending such short minimum terms to be served that the... (Guardian Unlimited -- UK)
Gunman escapes custody Jan 9, 2007
Aggravated vehicle taking and escaping from lawful custody were also the list of crimes he was convicted of when he was sentenced to an indeterminate sentence at Harrow Crown Court in July last year. He was being taken to hospital after complaining of fits while at the west London prison. (BBC News -- UK)
Woman beheaded in front of horrified crowd at St. Vincent bus terminal Dec 13, 2006
"A passer-by had alerted authorities to the blaze by banging on the firehouse door, said Fire Capt. Jeff Courtney.The firehouse is still inhabitable, and no injuries were reported.There was no immediate word on the cause of the fire.Lab worker found guilty of murder in acid vat trialFRESNO, Calif. (AP) -- A jury on Tuesday convicted a former chemistry lab assistant of murdering his former boss' husband and stuffing his body in a barrel of acid.James Fagone, 24, was found guilty of murder after... (North County Times)
Animal rights fire-bomber jailed Dec 8, 2006
Currie was given an indeterminate sentence, to serve at least six years. The jobless father-of-three was arrested in March after two homemade bombs, consisting of weed killer and sugar, were found by police underneath a car. (BBC News -- UK)
Big increase in murders by criminals on parole Dec 6, 2006
Since the new sentencing power was introduced in 2005, courts have used the indeterminate sentence 700 times. Recipients should be freed only when they are judged no longer a danger to the public. (Telegraph.co.uk)
Criminals on probation murdered 98 in two years Dec 6, 2006
The statistics show that the new "indeterminate sentence for public protection" introduced in April last year has proved very popular with the courts ... The average minimum term - the tariff - for those on the new indeterminate sentence set by judges is 30 months but the Home Office said last night nearly all will serve much longer as they will only be released if and when the parole board considers they no longer pose a risk to the public. (Guardian Unlimited)
Court clarifies minimums sentences Nov 11, 2006
Inmates serving indeterminate sentences become eligible for parole after serving half of the minimum term of their sentence. true indeterminate sentence is one with a sufficient difference between the minimum and maximum limit which will allow the prisoner an opportunity for parole, Sohl said ... e conclude that the district court pronounced an indeterminate sentence in which the minimum and maximum terms were the same, said Judge Kenneth Stephan. (Fremont Tribune, NE)
Case confusionSentencing row prompts move to simplify rules Nov 10, 2006
For instance, an offender given an indeterminate sentence with a 10-year minimum term would be told that they would spend "between ten years and life in prison". The Home Office's other aim is to minimise the risk to the public posed by dangerous offenders by giving judges greater powers to impose tougher sentences. (BBC News -- UK)
Judges to get more power to tackle violent offenders Nov 10, 2006
A Home Office consultation paper was published yesterday in response to the political and public furore over the case of Craig Sweeney, who can be considered for release after five years of an indeterminate sentence for kidnapping and assaulting a child. The changes are being proposed just 17 months after the new indeterminate sentences for public protections were introduced as part of the biggest overhaul in sentencing in a decade. (Times Online)
Life numbers are EU's highest Nov 6, 2006
Labour's chief contribution to public protection sentencing is the 2003 Act which introduced an indeterminate sentence for those considered to be a serious ongoing danger to the public. So far, six of those offenders have applied for parole. (BBC News -- UK)
Police agree to house overflow as prisons near capacity Oct 21, 2006
In the last year, more than 970 offenders have been given the new indeterminate sentence for dangerous and violent offenders, adding significantly to the prison population. The last time Operation Safeguard was used was in 2002, when it drew criticism from police forces because of the cost, but this time the number of police cells to be used has been agreed with chief constables. (Guardian Unlimited -- UK)
Teen convicted of murdering attorney's wife to be sentenced Sep 26, 2006
Normally, Contra Costa County Superior Court Judge Barbara Zuniga would have no choice but to send a defendant to prison for life without the possibility of parole, but because Dyleski was under 18 at the time of the crime, she can issue the indeterminate sentence of 25 years to life. His public defender, Ellen Leonida, has argued for that sentence, which would not rule out parole. (Fresno Bee -- State)
Net ban and jail for 'addicted' collector of child porn Sep 15, 2006
The judge added that because of the seriousness of his crimes and the potential risk he posed to the public, Knapinski faced an indeterminate sentence. He said that Knapinski would definitely not be released for at least four and a half years, but added that there was no guarantee that he would regain his freedom then, adding that in theory he could spend the rest of his life behind bars. (Guardian Unlimited -- UK)
Families Urge Board To Keep Ng In Prison Sep 7, 2006
Families of the victims also told the Washington State Indeterminate Sentence Review Board they oppose Ng's release. "One that day, 23 years ago, I was left to be the only man in my house," said Jason Louis, whose stepfather was killed. (KIRO TV, WA)
Addict is guilty after carjacking Aug 19, 2006
A heroin addict who kidnapped a disabled woman at knifepoint from a hospital car park has been told he could face an indeterminate sentence. Matthew Mordecai, 24, of Cardiff, admitted kidnapping and robbing Ann Dykes, 57, from the city's university hospital in April. (BBC News -- UK)
Rapist given indefinite jail term Jul 19, 2006
"Handing Mtoka an indeterminate sentence for public protection, the judge stressed he would only be considered for release in seven years if he was no longer thought a danger to the public. "It may well be that you will be in prison for much longer and be on licence for many years. But that is for the future. (Guardian Unlimited -- UK)
Teenager jailed for murder frenzy Jun 24, 2006
----------------- RELATED BBC SITES. Last Updated: Friday, 23 June 2006, 16:37 GMT 17:37 UK. (BBC News -- UK)
- Jonathan Freedland: The Sun and John Reid are both right Jun 14, 2006
Now judges have the option of imposing an open-ended, "indeterminate sentence for public protection" - and are grabbing it with both hands, resorting to it at a rate of 100 a month. The appeal is obvious, since they won't get any heat for being too lenient, passing the burden instead to parole boards; it will be up to them to decide when a criminal no longer poses a threat to the public. (Guardian Unlimited)
Death convicts not eligible for parole, says Congress Jun 8, 2006
Persons convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to reclusion perpetua, by reason of this act, shall not be eligible for parole under Republic Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended, the one-page draft law said. It said the penalty of reclusion perpetua would be imposed if the law violated makes use of the nomenclature of the penalties of the Revised Penal Code. (INQ7.net)
Q&A: Violent Persons Orders May 22, 2006
The problem for the home secretary is that there is already something called an indeterminate sentence - it is possible for a judge to tell an offender they will not be released from prison until they are no longer considered to be a risk to the community - but these sentences only came into effect in 2004 and VPOs are designed to deal with all the people who were sentenced before that. How many people would receive these orders. (BBC News -- UK)
