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.
