David Shipley

Another day, another sign of the British state’s acceptance of criminality. This time it’s the news that almost half of people caught in possession of Class A drugs avoid criminal sanction, with the police either issuing a ‘community resolution’, which does not create a criminal record, or avoid any action at all ‘in the public interest’. This represents a dramatic change since 2016, when only 7.5 per cent of those caught in possession of hard drugs avoided prosecution. Why has this happened? And what does it mean for the drugs trade in Britain?

Sadiq Khan, London’s mayor, has called for the possession of cannabis to be decriminalised, because he believes that the police disproportionately target black Londoners when policing drug possession. This announcement by Khan is in response to a report by the ‘London Drugs Commission’ (LDC), a body set-up by City Hall, chaired by Tony Blair’s old flatmate, Lord Charlie Falconer, and with an ‘Expert Reference Group’ including David Gauke, whose Sentencing Review reported just last week. Amongst other topics, the lengthy report reviews cannabis policies across the world, and identifies that black people in London are more likely to be searched for cannabis, although those searches are no more likely to find cannabis than when white people are searched.

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.