UN Torture Expert Backs Judicial Review to End “Never-Ending Injustice” of IPP Sentences in England and Wales

Peers have proposed that current or former judges lead a structured review of cases, offering a pathway toward tailored, lawful outcomes for individuals held long past their original tariffs.

The United Nations Special Rapporteur on torture has publicly backed renewed proposals to confront one of the UK justice system’s most persistent human rights failures: the continued detention of thousands of people under abolished Imprisonment for Public Protection (IPP) sentences.

In a statement issued today, Alice Jill Edwards, UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, welcomed suggestions in the House of Lords for a judicially led reconsideration exercise to review individual IPP cases affecting nearly 2,500 people still imprisoned in England and Wales.

Peers have proposed that current or former judges lead a structured review of cases, offering a pathway toward tailored, lawful outcomes for individuals held long past their original tariffs.

“A reconsideration exercise led by experienced judges is a pragmatic compromise that could pave the way toward individualised and just outcomes,” Edwards said. “Something must be done to prevent the continuation of what has become a never-ending saga of injustice and cruelty.”

A punishment abolished — but not undone

IPP sentences were introduced between 2005 and 2012 as a public protection measure, allowing indefinite detention for individuals deemed dangerous even after completing their minimum term. Although the scheme was abolished in 2012, the change was not applied retrospectively, leaving thousands trapped in indeterminate detention.

“In its original form, the IPP scheme was intended to protect the public,” Edwards said. “In practice, it has left thousands of individuals detained indefinitely — often far beyond their tariff — without meaningful prospects for release.”

Human rights groups, legal experts, and parliamentary committees have repeatedly warned that the continued detention of IPP prisoners raises serious concerns under international human rights law, including the prohibition of arbitrary detention and inhuman or degrading treatment.

Severe mental health consequences

The Special Rapporteur highlighted the profound psychological toll of prolonged indeterminate detention, noting that many IPP prisoners have experienced serious mental health deterioration as a result of years — and in some cases decades — of uncertainty.

“These unfair criminal penalties have pushed many prisoners into serious mental health crises,” Edwards said.

She stressed that individuals who have already over-served their tariffs and are now assessed as having serious mental illness should be transferred out of prisons and into appropriate mental health services, including residential care where necessary.

“Continuing to imprison them for mental health, rather than their crimes, is against the principles of fair criminal justice and the rule of law,” she said.

Aligning UK practice with human rights standards

Edwards urged both the UK Government and Parliament to give serious consideration to the proposed judicial reconsideration mechanism, arguing that it offers a legally sound and humane way to resolve the IPP legacy.

“A reconsideration process, paired with robust mental health pathways, would not only address the legacy of IPP sentences,” she said, “but would also align UK practice with fundamental human rights standards and the absolute prohibition against torture and other cruel, inhuman or degrading punishment.”

The Special Rapporteur confirmed that she has formally raised these concerns with the UK Government and will continue to press for concrete action.

As pressure mounts from international experts and domestic lawmakers alike, the renewed proposal places the future of IPP prisoners — and the credibility of the UK’s commitment to human rights — firmly back in the spotlight.