In fact, the changes which will be brought about on the ground as a result of James Wells and Lee are minimal at best. First, as everything in the judgment makes clear, this case addresses a situation which no longer exists. The applicants were released in 2008, 2009 and 2010, respectively, though one of them has been recalled, like the silly shit he is. At the beginning of the IPP system, there was apparently a lack of resources, but that's simply not the case these days.
In addition, these were fairly exceptional cases. The vast majority of those serving genuinely short tariffs, imposed before the law was amended by the Criminal Justice and Immigration Act 2008, and therefore imposed without any judicial discretion, have passed out of the prison system. Alternatively, they have demonstrated that they are still dangerous, either because their offence was sufficiently dangerous, or because the courses they have done in prison have demonstrated they retain criminal attitudes.
So there was a hiccup. But it's over. Some IPP prisoners will continue to have difficulty accessing the recommended offender behaviour work, but with the help of a decent prison lawyer, they'll get where they need to go.
And, for all the criticism that has been levelled at it, the IPP system works. IPP prisoners have a real incentive to do something with themselves, to think about what they have done, to look at themselves long and hard. Other prisoners, in the majority, don't give a damn. How helpful the courses they are compelled to do is, I don't know. Their general reaction is 'bullshit' but maybe they're learning something just the same. Or maybe, it provides a testing ground. The Parole Board have a couple of hours with a prisoner to judge the person. The courses on the whole last months and the people who run them will know the prisoners much much better.
But personally, I don't think destroying the IPP is a particular solution to anything. And as for this stupid LASPO thing about reducing the test used for release by the Parole Board for IPP and EPP prisoners, I can't see that any test which allows the release of those who are a continuing unmanageable risk to the public is a sensible option.
