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Unman Khan and some light on the issue

(115 Posts)
Whitewavemark2 Mon 02-Dec-19 08:48:43

After Johnson yesterday sought to gain political capital on the death if British citizens, I thought it would be useful to outline the whole issue in detail, with the help of an excellent Guardian article.

Why did Usman Khan go to jail?

Convicted in 2012. Case involving al-Qaida inspired groups intent on setting up a terrorist camp in Pakistan and carry out attacks in Kashmir.

Khan pleaded guilty.

Sentence

Justice Wilkie considered Khan enough of a long term risk to the public for him to receive an indeterminate sentence rather than a fixed term. Indeterminate means that he could not be released without parole board approval.

Appeal

Successful.
Leveson concluded that khan terror plans largely related to overseas and therefor not a substantial risk to the public. Khan received 16 years. Release after 8.

The Law
The type of sentence Khan received was an extended sentence for public protection, introduced by Labour in April 2005, alongside the IPP sentence.
Both types of sentence required that a parole board assessment be made before release.
In 2008 Labour changed the law to ease pressure on the soaring prisoner numbers. This required that only that extended sentences the requirement for parole oversight was removed.
Khan became automatically eligible for release midway through his term.
Rules for terrorism sentencing was changed by the Conservatives in 2015 as the Islamic state grew. All terrorist prisoners now have to apply for parole.

Is Johnson right in blaming labour?

Conclusion - no

It is true that Labour”s 2008 law change created the type of sentence that allowed automatic release, but Labour also created a viable alternative, in the indeterminate sentence, which required parole board oversight.

The Tory manifesto does say “we will introduce thought sentencing for the worst offenders and dnd automatic halfway release from prison for serious crimes” but is has nothing specific on terror offences.

Johnson assertion that terrorists spend 14 years in prison is new.

Is anyone to blame

Difficult.

Labour gave the judges a choice
An indeterminate sentence which required parole oversight
Or
A determinate sentence which did not.

Justice Wilkie chose the first, the court of appeal overturned his decision.

The Law changes by the Tories have simply reduced the discretion available to the judges in terror cases.

Urmstongran Mon 02-Dec-19 10:26:51

I agree with your last comment EV but sadly that genie is out of the bottle.

We need to deal robustly with the consequences.

lemongrove Mon 02-Dec-19 10:27:35

This terrorist certainly managed to easily fool those in charge of the ‘rehabilitation’ course, it has to be assumed that for most terrorists they will comply with what’s needed to get out as soon as possible.Sentences will have to be longer.Of course they will have to get out at some time, but they will be older and maybe not so determined in their mind about committing more offences and going back to jail or being
shot.

trisher Mon 02-Dec-19 10:27:50

TerriBull opposing the shooting of terrorists uness absolutely essential is perfectly reasonable and in fact desirable. We may view Usman Khan as just a dead terrorist but for some he will now be a martyr to the cause and will have gone straight to paradise. For every terrorist you kill many more may be recruited. We need to recognise that there are second generation Muslim immigrants who feel our society must be destroyed and we need to find out what would help change these attitudes. It's easier to do that if the terrorist is still alive.

Whitewavemark2 Mon 02-Dec-19 10:52:11

trisher yes and why resources spent on rehabilitation are essential.

Oldwoman70 Mon 02-Dec-19 11:15:01

Whilst I agree rehabilitation is the preferable way - I wonder at what appears to be the gullibility of those running these schemes. I worked in the legal profession and was asked to sit in on an interview with a client, a repeat offender. He poured out a story of his disadvantaged childhood, how sorry he was and how if given a chance he would turn his life around.

The solicitor I was shadowing had to temporarily leave the office. The client looked at me and said "you aren't believing a word of this are you" I replied that I had grown up two streets away from him and had suffered exactly the same disadvantages, as had many of my friends, and we didn't turn to crime.

His reply was that you just had to tell these "liberal do-gooders" (his words) what they wanted to hear and they would believe you every time. Something I think Khan had done.

So, yes, lets have rehabilitation schemes but also be a bit more sceptical of what the offenders are saying

Yehbutnobut Mon 02-Dec-19 11:34:19

He’s not the first to fool the psychiatrists and parole board and he hadn’t actually murdered anyone before has he?

There are a handful of convicted murderers and rapists who also manipulated people to get early release or parole and then murdered or raped again.

It is nothing new.

growstuff Mon 02-Dec-19 11:39:26

As a matter of interest, does anybody know any details of what Khan's "rehabilitation" involved? An awful lot of assumptions are being made, but I'd like to know how the deradicalization programme worked (or didn't work) for him and what was actually tried, before I make any judgement. Facts only, please.

quizqueen Mon 02-Dec-19 11:44:32

Why aren't all terrorists and any foreign criminals, who commit serious crimes for that matter, immediately deported after release? If they are British citizens then they should be striped of that status while in prison. Better still, bring back the death penalty for all types of murder.

Luckily, the police saved the country the cost of a lengthy trial and another prison sentence, in this case. It doesn't matter which government is in power, the do-gooders will always want shorter prison terms and so called rehabilitation. Corbyn would have just invited him round for a cup of tea and a chat with his allotment salad and suggested he mend his wicked ways and then sent him on his way to murder someone else.

Urmstongran Mon 02-Dec-19 11:52:31

Very interesting and illuminating post Oldwoman thank you.

It’s what a lot of us non-liberal types suspect.

As I posted on the Andrew Marr thread - the Yorkshire Ripper (Sutcliffe) is imprisoned for life, as were Ian Brady, Myra Hindley and the Kray brothers.

What is it about these terrorist murderers do the liberals feel they need to ‘understand’ their mindset? Who cares?

Not me. Lock ‘em up and keep us safe.

growstuff Mon 02-Dec-19 12:20:08

Where exactly would you send a British citizen? I think Botany Bay stopped accepting undesirables some time ago. hmm

growstuff Mon 02-Dec-19 12:22:15

Quizqueen Khan hadn't murdered anybody when he was sentenced.

By the way, there are currently some right-wingers in prison for plotting to kill people, but they're white. Does your opinion include them?

growstuff Mon 02-Dec-19 12:31:41

Where would you send this scum? news.sky.com/story/neo-nazi-jack-renshaw-jailed-for-life-over-plot-to-kill-his-mp-11722061

EllanVannin Mon 02-Dec-19 13:05:29

None of this is any consolation to a chap in prison who's spent the last 34 years as an entirely innocent man !
Paperwork/ letters show who the real killer was but is being withheld. This man must feel sick when he sees such prisoners going free.
The law is an ass and the justice system broken.

Callistemon Mon 02-Dec-19 13:36:29

The absolute heroes who tackled Khan and prevented further carnage were, according to reports, ex-offenders attending the same course.
So it could be argued that the rehabilitation programmes do work in many cases.
I don't agree with a sentence being given which is halved, I can see the arguments why a longer sentence is given then reduced, but perhaps more time should be spent on rehabilitation while the offender is still in prison instead of early release.

MaizieD Mon 02-Dec-19 13:52:07

The Secret Barrister, who I posted about on another thread, said that automatic release* is no longer in force today* but Kahn's sentence, and his sentence as altered by the Appeal judge, was imposed before the new regulations came into force and the new regulations were not applied to then existing sentences.

Gonegirl Mon 02-Dec-19 13:53:07

I just heard on the radio that the vest was visible from the start, inside the hall. Those men are true heroes.

Callistemon Mon 02-Dec-19 13:55:39

How did he get into a venue like that, on a course designed to rehabilitate ex-prisoners, or to assess how their rehabilitation is going, with a knife?
Let alone a suicide vest.

Surely common sense should dictate that security should be reasonably tight? Having had my handbag searched on several occasions just visiting a tourist venue, I can't understand this at all.

TerriBull Mon 02-Dec-19 14:14:15

Yes I thought that Callistemon, the general public have to hand over handbags/rucksacks etc. to be scanned if visiting a museum or the like. It seems very laissez faire of the organisers not to have put the participants through a thorough search, given their histories.

Barmeyoldbat Mon 02-Dec-19 14:24:38

its disgraceful that Boris is using it for election reasons and blaming Labour. He has had enough time and chances to change it.

I believe it should be life, no release, for these sort of crimes.

jo1book Mon 02-Dec-19 14:25:20

They didn't dare; they did't want to upset the ex-offenders - probably PC madness.

Firecracker123 Mon 02-Dec-19 14:25:22

Probably didn't want to offend them, against their human rights.

jo1book Mon 02-Dec-19 14:31:50

I do hope the Management of the Venue will be sued. As said; how on earth did the jihadist (I refuse to honour him with a name) get in with two knives and a what looked like a suicide vest? We need answers.

ExperiencedNotOld Mon 02-Dec-19 15:07:39

Jolbrook. I find that a ludicrous comment. Fishmongers Hall is a public building where people are invited, enter, go about their business and leave again. Indeed, there are events that they may enter without invitation. The management will be aware of the need for security but will also need to balance this will public acceptance as well as the cost of providing the equipment and staff necessary. Imagine having to pay £x extra the next time you go M&S - that’s after being searched on the way in.

varian Mon 02-Dec-19 15:19:51

Please listen to Jack Merrit's father, who speaks with real moral authority.

www.independent.co.uk/news/uk/politics/boris-johnson-london-bridge-terror-attack-jack-merritt-father-daily-mail-a9228886.html

growstuff Mon 02-Dec-19 15:32:19

jolbrook's and Firecracker's posts sound like the kind of thing spouted by bores at weddings - I'm sure we've all come across the kind of people that nobody wants to sit next to, so they huddle together, chuntering to themselves, while everybody else has fun.