David Shipley

David Gauke’s long-awaited Sentencing Review is here. If its recommendations are accepted, we will see thousands of people spared jail and thousands of inmates released as early as a third of the way through their sentence. The government is relying on the review to save the justice system from collapse. As the Lord Chancellor explained just last week, despite plans to build another 14,000 prison places, the system simply can not keep pace with the growth in our prison population. For months now, ministers and officials have been focused on keeping just enough space in the prison system until the Sentencing Review can be implemented. So now it has arrived, will it avert disaster? Probation will need every penny In some ways, Gauke’s recommendations are radical.

If you are ever unfortunate enough to need legal advice after being charged with a crime, and you can’t afford to pay for a lawyer, you will probably end up turning to the Legal Aid Agency (LAA). I’m familiar with the system. When I was charged with fraud in 2018 I applied for legal aid. When you apply, the LAA asks you for a great deal of information, including your national ID numbers, criminal record, employment status, financial information and even any debts you have and regular payments you make. In the wrong hands this data could be used for identity theft and potentially blackmail.

Peter Sullivan, a man of ‘limited intellectual capacity’ and ‘suggestibility’, has been exonerated after spending 38 years in jail for a murder he didn’t commit. Now aged 68, Sullivan has spent most of his life in high-security jails. DNA evidence has demonstrated that another man was responsible for the brutal assault and murder of 21-year-old Diane Sindall in Birkenhead, Merseyside, in 1986 . How could such a horrific miscarriage of justice happen, and what has Peter endured these past four decades? Peter has lost the best years of his life After being arrested, Peter was interviewed without any lawyer present, with the police saying that legal advice would have been ‘a hindrance to the enquiry’.

Late last night, news broke of another attack by a high-profile prisoner at what should be one of our most secure jails. This time it seems that Axel Rudakubana, the Southport killer, has thrown boiling water in the face of an officer at HMP Belmarsh, the London jail which Hashem Abedi was moved to after his brutal attack on staff at HMP Frankland last month. Rudakubana is reported to have committed this attack on Thursday afternoon. Thankfully the member of staff has already been released from hospital and is expected to make a full recovery. The Ministry of Justice have insisted that ‘violence in prison will not be tolerated and we will always push for the strongest possible punishment for attacks on our hardworking staff’. Frankly, it isn’t good enough.

Even for our broken prison service it’s been a terrible few days. On Saturday the jihadi terrorist Hashem Abedi used boiling oil and ‘homemade weapons’ in an assault at HMP Frankland which hospitalised three prison officers, the Prison Officers' Association has said. Given the severity of the injuries, with one man suffering a severed artery in his neck and the other being stabbed at least five times in the chest, it’s only thanks to luck that no staff were killed. Then, this morning, it emerged that John Mansfield, a convicted murderer serving his sentence at HMP Whitemoor, was killed by another inmate on Sunday. While few will shed tears for Mansfield, who killed his elderly neighbour in 2006, this killing raises serious concerns about the security and safety of our jails.

On Saturday, an awful assault took place at HMP Frankland. According to a statement from the Prison Officers’ Association (the union for frontline jail staff), Hashem Abedi, brother of the Manchester Arena bomber, allegedly committed an unprovoked attack on three prison officers. It seems he  ‘threw hot cooking oil’ over them, and then used ‘home made weapons’ to stab them. According to the union, the officers ‘received life threatening injuries, including burns, scalds and stab wounds’. All three officers were rushed to hospital. As of 6 p.m. yesterday evening the Ministry of Justice confirmed that one officer, a woman, has been discharged, and two are still being treated.

It’s a story so wild as to be almost unbelievable. Kerri Pegg was a ‘rising star’ of the prison service, promoted to governor at the open jail HMP Kirkham just six years after joining as a graduate trainee. And yet she was also in a relationship with a prisoner, Anthony Saunderson, serving ten years for drug offences. Saunderson was an inmate at Kirkham, and Pegg was ‘known to spend a lot of time in her office’ with him. Then, in October 2018, she broke prison rules to approve Saunderson’s release on temporary licence (ROTL). It seems that Saunderson was very grateful, gifting Pegg a Mercedes car. Despite Pegg claiming she had done nothing wrong, when police searched the governor’s home, they found a toothbrush and flip-flops with Saunderson’s DNA on it.

The Southport killings were horrific, but should they have happened at all? We already know that the government’s counter-extremism programme, Prevent, failed to identify the risk Axel Rudakubana posed. That’s a key question which the Southport Inquiry, the first stage of which began on Monday, aims to answer. The Home Office has said that the inquiry will ‘leave no stone unturned in uncovering how this attack happened and to not let any institution of the state deflect from their failure’. To that end the Southport Inquiry is to be ‘statutory’, meaning it will be able to compel witnesses to attend and give evidence under oath, require the production of documents and other evidence and hold its hearings in public.

HMP Frankland, in Durham, is supposed to be one of the most secure jails in the country. The category A prison holds terrorists and murderers, including Soham child killer Ian Huntley. Frankland should be a place of order, where the state is in absolute control. Yet the jail is said to be so overrun with Islamists that inmates who refuse to join their gangs are being forced into separation units for their own safety. Prisoners who refuse to convert to Islam are also being targeted, according to a leading criminal defence barrister who uncovered the shocking allegations on a visit to Frankland. Tony Wyatt told the Times that ‘there are so many…members of Muslim gangs in prison, you just can’t contain the problem.

The members of the Sentencing Council have been pushed into a humiliating climbdown – but it may well be too late to save them. The pressure rose over the weekend, with the Lord Chancellor and Prime Minister stating that they were considering emergency legislation in order to prevent the Council’s new, ‘two tier’ guidelines over Pre-Sentence Reports for ethnic minorities from coming into force. Yesterday morning the Lord Chancellor put more pressure on the Council when she met Lord Justice William Davis, its chairman, and informed him that she would be bringing in immediate legislation this week to render the controversial section of the guidelines unlawful. In response, Davis crumbled.

When the Ministry of Justice announced that the government would introduce emergency legislation this week to stop ‘two tier’ Sentencing Council guidelines being implemented, the Lord Chancellor may have hoped that her swift action would bring this story to a close. But today the debate over ‘two-tier’ justice has widened, with the Telegraph reporting this morning that ‘ethnic minority criminals are being given priority by judges considering bail under new two-tier justice guidelines drawn up by the Ministry of Justice.’ When someone has been is charged with a crime they are either held on remand, in a prison, or are bailed. When on bail conditions apply. After I was charged with fraud in October 2018, I was on bail until being sentenced in February 2020.

Two RAF engineers were spared jail today, after pleading guilty to vandalising a statue of Paddington Bear in the Berkshire town of Newbury. The young, drunk servicemen broke the Peruvian bear in half and then transported his front façade back to RAF Odiham in a taxi. Later jars of marmalade, sandwiches and poems were left at the crime scene by members of the public A few decades ago perhaps the bear’s disappearance would have remained a mystery, his fate known only to those who frequented the station’sbar. Unfortunately for Daniel Heath and William Lawrence, the two guilty men, Newbury’s CCTV captured their entire escapade. They were soon apprehended, with Paddington found by police in Lawrence’s car.

Tommy Robinson has lost his attempt to force the prison service to move him out of segregation. Robinson's lawyers said he is being held in ‘inhuman’ and ‘degrading’ conditions at HMP Woodhill in Milton Keynes. But the High Court ruled that Robinson, also known as Stephen Yaxley-Lennon, was being kept away from other prisoners for his own safety. Robinson is actually rather lucky: in many ways, his treatment behind bars is far better than the typical inmate receives Robinson's supporters have reacted with predictable fury. Are they right to be angry? Is Robinson the victim of a justice system determined to crush his will, which is treating him far more harshly than it does other prisoners?