EWJ June 2024 web - Journal - Page 84
Jury Concludes IPP Sentence Caused
or Contributed to Francis Williams Suicide
Following Fears of Indefinite Detention
Francis Williams, 43, a personal trainer from Bognor Regis, died by suicide after being
informed by his probation officer that he was facing recall to prison under an IPP sentence
because he had been made homeless.
A jury has concluded that the IPP sentence handed to
Francis Williams in 2006, caused or contributed to his
death. Mr Williams, upon hearing that he was to be
recalled to prison, notified his probation officer that
he intended to take his own life, rather than face a further indefinite period in prison. Questions have also
been raised around the treatment of Francis Williams
by Sussex Police and the Ministry of Justice following
his confirmation to his probation officer that he intended to end his life. Francis was informed that he
would be recalled to prison as a consequence of being
made homeless.
The probation officer was sufficiently concerned to
immediately contact Sussex Police, confirming that
she was reporting Francis as a missing and vulnerable
person. She expressed in her evidence that she
wanted the police to find him, take him off the streets
and safeguard him. Despite being aware of Francis’
explicit and detailed threats to end his life, very little
action was taken to locate and ensure that Francis was
safe. After the police received the recall notification
from probation, he was re-categorised as a wanted
person on recall, as opposed to a missing and vulnerable person. The initial investigation was shut down
before it was able to commence, meaning no tangible
steps were taken by the police to locate Francis. He
was sadly found the following afternoon, on 28 January, deceased in a tent in Bognor Regis, having taken
his own life.
Francis was one of the first individuals to be made
subject to the controversial, and now abolished, imprisonment for public protection (IPP) sentence. After
being released from prison, he worked hard to build
up his life, setting up a successful personal training
business in Brighton. Nevertheless, Francis lived in
constant fear of being recalled to prison at any time
under the terms of the IPP sentence, which places individuals on indefinite licence for at least 10 years after
release from prison. Having struggled with substance
misuse and mental health issues for most of his life,
Francis was consumed by the ever-present fear that
any mistake or relapse would prompt probation to
send him back to prison. Due to this, he was reluctant
to engage with support and rehabilitation services in
case it triggered his recall to prison. As a result, Francis felt incredibly frustrated, isolated, and scared living under the enduring threat of being recalled to
prison under the IPP regime.
Francis was pronounced dead at 14:20 on 28 January
2023 and the cause of death has been confirmed as
suicide.
On the verdict, Francis’ sister Suzanne Rodrigues
said: “Today’s verdict sends an important message
that more needs to be done in addressing the
widespread issues that surround IPP sentences and
raising awareness of the same. Francis lived a large
portion of his life under an IPP sentence, battling the
impact that this had on his day-to-day existence and
his mental health. He was absolutely terrified of being
recalled. As a family, we are keen to continue to raise
awareness of the consequences of the IPP sentencing
regime and the effect it continues to have on other individuals who are still in a similar position to the one
Francis found himself in. Whilst nothing can bring my
brother back, I do hope that lessons are learned and
that in particular, the Ministry of Justice takes steps to
re-evaluate the impact of IPP sentences on individuals and how vulnerable they are. IPP sentences are not
just a sentence imposed on an individual but on that
person’s entire family.”
Similar issues have been reported by other individuals also subject to IPP sentences. When giving evidence in court, Francis’ probation officer confirmed
that she thought that the IPP sentence was “not used
in the best way”. Similarly, when asked what could
have been done to support Francis, a manager at the
supported accommodation where Francis resided
prior to his death said that the IPP regime was a “liberty” and that Francis should have been released from
his IPP sentence. He said that despite Francis’ efforts
to improve his circumstances, the IPP sentence was
“clouding him and spoiling it”.
Olivia Coffey, Solicitor at Hodge Jones & Allen said:
“This case is yet another example of how IPP
sentences, despite being abolished as a sentencing
provision, continue to have the propensity to destroy
people’s lives and individuals are left languishing in
our justice system, with no certainty regarding their
futures. We have heard how Francis was afraid to engage with support for fear of being indefinitely recalled to prison. Francis was not given a death
sentence in 2006, and yet he has suffered a horrific
fate because of our broken justice system. The jury
was clear that the IPP sentence contributed to or
caused his death. It is so important that prisoners,
On 27 January 2023, Francis’ fears became reality
after he was informed by his probation officer that he
would likely be recalled to prison on an emergency
basis, a rule which applies to all IPPs, more than 12
years after his initial release. In that conversation, he
stated to his probation officer that he would rather
take his own life than be recalled to prison that the
police would find his body.
EXPERT WITNESS JOURNAL
82
JUNE 2024