Judges quash prisoners' indefinite jail sentences

Several men who were jailed indefinitely after being convicted of crimes such as rape, sexual assault and firearm offences have had their sentences quashed at the Court of Appeal.

Lawyers had argued that the original sentencing decisions did not take into account their age and immaturity.

Stuart O'Neill was given an indeterminate sentence for public protection at the age of 20 for raping a girl in Manchester in 2009.

Judges have ruled his sentence will be replaced with one of eight years in custody and eight on licence.

Benjamin Hibbert and Jay Davis were also younger than 21 years old when they were given the now scrapped indeterminate sentences, more than 15 years ago.

Davis was convicted in 2006 of possessing a firearm with intent to cause fear or violence at the age of 19.

He and O'Neill were sentenced under the imprisonment for public protection (IPP) scheme, which was abolished in 2012.

Hibbert was convicted of three counts of sexual assault at Preston Crown Court in 2009.

He was sentenced under the detention for public protection (DPP) scheme, also abolished, which applied to under 18s.

The Criminal Cases Review Commission (CCRC) had referred their cases to the Court of Appeal in London.

The three men spent "many years beyond" their minimum terms, it said.

At the time of their original sentencing, O'Neill was given a tariff of three-and-a-half years, Davis was given nine months and Hibbert was given two years.

Davis's sentence was replaced with one of 18 months, the CCRC said.

Hibbert's case has been deferred for a report on his appropriate sentence to be produced.

Chairwoman of the CCRC Dame Vera Baird KC said: "The decision to refer three of these men's sentences followed careful and detailed reviews by the commission."

The now-defunct IPP and DPP schemes were applied to people the court deemed to be dangerous to the public, where prisoners would have to serve a minimum term known as a tariff before being eligible for release.

The court also quashed the sentences of Jerry Tolbert, Jordan Webster and Dwayne McLaren, who were also young at the time of committing their offences, the CCRC said.

Dame Vera said: "We will continue to examine other IPP and DPP cases, and I encourage anyone who believes their sentence may have been affected – and who has exhausted their appeal rights – to apply to the commission.

"I hope today's decision gives hope to the many families with loved ones who remain in prison way beyond their original tariff."

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