After last week’s attack in Streatham, London where a man who’d previously been imprisoned for terrorist activity was released and then just a few weeks later attacked innocent members of the public with a knife, the government is talking about changing how they deal with criminals involved with terrorism. The government wants to end the automatic early release from prison of terror offenders, following two attacks by men convicted of terror offences in recent months. And it is the dad of Jack Merritt, a 25-year old prison rehabilitation worker who was killed in the London Bridge terror attack in November 2019, who has criticised the government’s plans. He has warned that “the government is failing to do its job to keep the public safe” and that the prime minister’s plans to force through emergency terrorist sentencing is “a hasty measure” that “could be counter-productive.”
The government’s plans have other problems with possible legal challenges ahead. In the UK every judge who sentences a convicted defendant is under a statutory duty to explain the sentence that is being passed. So, offenders are told by the judge in open court that they are being sentenced for a fixed period, known as a “determinate” sentence.They are told that they will be automatically released at the half-way point and serve the remainder of their sentence on licence in the community. That means that they have a “legitimate expectation” of being released at the half-way point. If you think about it, some offenders might have even pleaded guilty on the basis that they will be given a “determinate” sentence with automatic early release at the half-way point. If the government’s plans go ahead and there is a changing of the release date retrospectively to the two-thirds point it would surely lead to legal challenges that the offender’s “legitimate expectation” of automatic “half-way” release had been unlawfully tampered with.
The other problem is human rights. Under Article 7 of the Human Rights Act, “No Punishment Without Law”, it can be argued that an offender cannot be given a heavier punishment than was available to the court at the time they were sentenced.
And finally, we also have the issue of what the aim of punishment is in the first place. It isn’t simply to protect the rest of society by keeping them locked away for longer. It will just push the problem to a later date.
David Merritt has called for immediate and proper funding into prison services to prevent further attacks. This is something which his son, so tragically killed, also devoted his energy to: “the purpose of prisoner rehabilitation.” When we think about rehabilitation we are focusing on the aim of punishment of reform. David explained, “Keeping people in prison for longer in itself doesn’t keep anybody safe. It just means [the government] is kicking the can further down the road: spewing people out further down the line when they’ve been associating with other people of like minds, convincing each other of their radicalisation, that’s obviously not a good thing unless they have received real help to change their ways and there are effective deradicalisation programmes. As it is, from the reports of most prisons, we already know prisoners are locked up for 23 hours a day and there is very little in the way of education and rehabilitation. The resources are not there.”
It is an interesting discussion with no easy answers.