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Father trapped in jail 18 years after being given 8-month sentence – for waving a starting pistol

Exclusive: James Lawrence was jailed for eight months in 2006 – and is still there. His mother Mandy said: ‘In his time, he’s seen murderers come in and murderers go home’

Amy-Clare Martin
Crime Correspondent
Saturday 28 September 2024 22:32 BST
Father trapped in jail 18 years after being given 8-month sentence - for waving a starting pistol

A father trapped under an abolished indefinite jail term has made six attempts on his own life after serving 25 times longer than his original sentenceThe Independent can reveal.

James Lawrence was handed a discredited imprisonment for public protection (IPP) jail sentence with an eight-month minimum term in 2006 for threatening someone with a starting pistol.

Then aged 20, he told the court he was carrying the imitation gun for protection after nearly losing his life in a stabbing in the same part of Southampton the year before.

Now 38, he is believed to be one of Britain’s longest over-tariff IPP prisoners, having spent nearly 18 years in custody.

But The Independent has learned Labour is to turn its back on him – and almost 3,000 other IPP prisoners still languishing in cells – by rejecting a review of indefinite jail terms.

IPP prisoner James Lawrence has served almost 18 years for what was an eight-month jail term
IPP prisoner James Lawrence has served almost 18 years for what was an eight-month jail term (Mandy Lawrence)

IPP sentences were scrapped in 2012 amid human rights concerns, but not for those already detained.

“In his time, he’s seen murderers come in and murderers go home,” James’s heartbroken mother Mandy Lawrence told The Independent.

“It’s tormenting for his family, let alone him. I keep thinking, will I see him properly before I die? I was in my forties when he went in there and now I’m in my sixties. It’s heartwrenching, to be honest.”

At the time of his sentence, less time already served on remand, Mr Lawrence needed to spend another four months and 14 days in prison before completing his eight-month minimum tariff. He was also handed a 10-month concurrent sentence for assault in a separate drunken pub fight, which has long since expired.

A growing number of campaigners – including Lord Blunkett, who was home secretary at the time IPPs were introduced – have called for them to go, while families say it will be “unforgivable” if they refuse.

The Independent understands from Ministry of Justice sources that resentencing is not being considered as a result of concerns over a number of dangerous prisoners being released.

However, Labour peer Lord Woodley, who earlier this month tabled a bill for all IPP prisoners to be resentenced, insists there is “everything to play for”.

“Ministers are not yet on the same page when it comes to the resentencing exercise my private member’s bill is proposing,” he told this publication. “But they share my determination to end the scandal of the IPP sentence once and for all. So there is everything to play for.”

He said Mr Lawrence’s case was “shocking” and hopes his bill will help get him and similar inmates out of prison.

Of 2,734 IPP prisoners still inside, more than 700 have served more than 10 years longer than their minimum tariff.

Mandy Lawrence wants IPP prisoners, including her son James, to be resentenced
Mandy Lawrence wants IPP prisoners, including her son James, to be resentenced (Mandy Lawrence)

These include a string of injustices highlighted by The Independent such as those of Thomas White, who set himself alight after serving more than 12 years for stealing a mobile phone, and Abdullahi Suleman, who has spent 19 years behind bars for a laptop robbery.

At least 90 IPP prisoners have taken their own lives in prison as they lose hope of release.

Ms Lawrence revealed her son, who was once a talented footballer, has fallen into the recall merry-go-round experienced by many IPP prisoners, who can be hauled back to prison for minor breaches of strict licence conditions.

Over the last two decades, he has been recalled to prison five times and is still inside HM Prison Erlestoke in Wiltshire despite receiving no further convictions. He has spent a total of 16 years and 10 months incarcerated, with only one year of freedom.

According to paperwork seen by The Independent, on one occasion, Mr Lawrence was recalled two months after he was freed because he returned to his bail hostel two hours and five minutes after curfew.

On another occasion, he absconded for six months to be with his pregnant partner for the birth of their daughter.

The stress forced Ms Lawrence, 65, who lives near Winchester, into early retirement from her job as an NHS mental health nurse. Meanwhile, her parents did not live to see their grandson leave jail.

Dr Alice Jill Edwards, UN special rapporteur on torture, called the indefinite sentences ‘inhuman’
Dr Alice Jill Edwards, UN special rapporteur on torture, called the indefinite sentences ‘inhuman’ (UN Human Rights Council screengrab)

“It broke my dad’s heart to be fair, because even though James was a bit of a scallywag, as he called him, he loved him,” Ms Lawrence said.

“James isn’t a bad person, he was really kind and polite, it just kind of escalated from nowhere. He was a brilliant footballer and went to a school of excellence and it all fell apart and nobody could do anything.

“I blamed myself for years. And then you worry about the times he’s tried to kill himself, will he try it again?”

She said Mr Lawrence has made multiple attempts on his own life, including two this year alone. On one occasion, he didn’t eat or drink for five days and was found collapsed in his cell.

The mother called for the government to urgently resentence all remaining IPP prisoners, starting with those with the lowest original tariff.

She added: “I think it [resentencing] should have happened when they disbanded the IPP sentence in 2012. Especially low tariff prisoners should have all been resentenced and then worked their way through the ones who had longer.

“But no, they are not interested. I think the reason is they think they are going to try to get compensation from the government – and they deserve it.”

Mandy Lawrence has called for justice secretary Shabana Mahmood to resentence IPP prisoners, starting with those with the lowest tariffs
Mandy Lawrence has called for justice secretary Shabana Mahmood to resentence IPP prisoners, starting with those with the lowest tariffs (PA Wire)

In 2022, the justice select committee issued recommendations for the then Conservative government to resentence all IPP prisoners, but this was rejected. Earlier this year, it agreed to reduce the licence period for released IPP prisoners from 10 years to three.

Lord Woodley said: “This is a shocking case; one among many shocking cases. I welcome the recent steps by the justice secretary, Shabana Mahmood, to reduce the risk of unnecessary recalls to prison, which will hopefully help those, like James, in the future.

“But we need to get those IPP prisoners still languishing in prison, for years after the time set by their trial judge, out of prison. My resentencing bill will help to achieve this.”

A Ministry of Justice spokesperson said: “It is right that IPP sentences were abolished. The lord chancellor is committed to working with organisations and campaign groups to ensure the appropriate course of action is taken to support those still serving IPP sentences.

“The Prison Service continues to provide additional support to those still in custody, including improving access to rehabilitation programmes and mental health support.”

If you are experiencing feelings of distress, or are struggling to cope, you can speak to the Samaritans, in confidence, on 116 123 (UK and ROI), email jo@samaritans.org, or visit the Samaritans website to find details of your nearest branch. If you are based in the USA, and you or someone you know needs mental health assistance right now, call or text 988, or visit 988lifeline.org to access online chat from the 988 Suicide and Crisis Lifeline. This is a free, confidential crisis hotline that is available to everyone 24 hours a day, seven days a week

If you are in another country, you can go to befrienders.org to find a helpline near you

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