David Lammy urged to end ‘scandal’ of people being imprisoned for own protection
David Lammy has been asked to end a “scandal” of people being imprisoned for their own protection while awaiting trial, just days after Britain’s overcrowded prisons were accused of unfairly releasing prisoners.
Sir Keir Starmer described the inaccurate broadcasts as “unacceptable” and touched on the pressure on the system he said was caused by the last Tory government.
More than 40 leading experts and organizations have now written to the justice minister calling on the government to use the Sentencing Bill to remove the power of courts to detain defendants for their own protection or, in the case of children, their welfare.
They warn that the law stems from the “mistaken belief that prisons are appropriate places for people at risk of harm.”
They emphasize that “misdirected” authority exists even in cases where the defendant is not facing a criminal charge that could result in a prison sentence.
“Removing this power would be a win-win outcome for the government, freeing up expensive prison space and ensuring vulnerable people have access to the right tools to stabilize their lives.”
A report published by England’s chief medical officer last week highlighted that children and young people “may be placed in secure properties on youth justice grounds or held for their own protection or the safety of others on welfare grounds”.
It also warns that “people may be arrested” [detained] “They are being held in prison solely for ‘their own protection’ on mental health grounds.”
The cases include an 18-year-old woman who threatened to throw herself off a motorway bridge or the roof of a hospital and was jailed for her own safety in 2019 to allow beds to become available in a mental health ward.
But campaign group Justice said the government had rejected calls to publish data on how many people were jailed for their own protection or welfare under the 1976 Bail Act, which included the provisions.
The letter to Mr Lammy was signed by the group’s chief executive Fiona Rutherford, Labor MP Shami Chakrabarti, a former executive at Liberty, Greater Manchester deputy mayor Kate Green, Sir Bob Neill, the former Tory MP who chairs the House of Commons justice committee, the Howard League, Mind, the Women’s Justice Center and dozens more.
Baroness Chakrabarti told Independent: “With prisons in crisis, the decision to detain people for the ‘protection’ or ‘welfare’ of vulnerable people and children is a double scandal. This is surely the worst example of treating the justice system as a dumping ground for failures elsewhere.”
Their letter warns that “prisons are not places of care and are fundamentally ill-equipped to address the social problems that support this use of detention, such as homelessness or addiction.”
“In reality,” he adds, “detention exacerbates rather than solves these vulnerabilities. This is particularly true given the current prison capacity crisis and the limited support available to people in prison, especially those on remand. As the justice committee rightly observed, prisons should not be seen as a solution to deficiencies in care and protection in society.”
The letter also warns that the practice disproportionately affects women and girls.
They say they welcome the Government’s recognition, through the proposed Mental Health Bill, that detention is inappropriate where the only concern is the defendant’s mental health.
But they add: “But the government now has the opportunity to go further. The justice committee has repeatedly recommended that the provision for detaining individuals for their own safety be removed in all cases.”
“As HM Chief Inspector of Prisons emphasized, ‘it is difficult to consider who could or should be detained for their own safety.’ “The Criminal Code provides a pivotal moment to improve outcomes for some of society’s most vulnerable – many of whom would otherwise spend no time in custody – by ensuring they receive the support they need within the community.”
A Ministry of Justice spokesman said: “We are changing the law to end the use of prison cells as so-called ‘places of safety’ for people facing acute mental crisis, and to end the use of detention for their own protection where the court’s sole concern is the defendant’s mental health. This will ensure they get the urgent specialist help they need.” “Judges will retain the power to detain people for their own protection in other situations, but only when deemed absolutely necessary.”
