Mum's plea to end jail terms with no end date after son dies in prison

The family of a man who died in prison while serving a sentence with no end date, are demanding immediate action to end what they have described as "torturous" indefinite prison terms.

Josh Mcrae, was one of five men serving Imprisonment for Public Protection (IPP) sentences, whose cases were the subject of a recent landmark United Nations review, that found their continued detention was "arbitrary".

His mother, Theresa Mcrae, who lives in Southampton, Hampshire, argued that "nearly 100 men have ended their lives because they just cannot continue" not knowing when they will be released.

The government said it has improved "rehabilitation and mental health support" for IPP offenders and is "now looking at" further measures.

More than 2,000 prisoners in England and Wales are currently locked up with no definitive date for their release.

Josh Mcrae was a teenager when he was convicted of grievous bodily harm (GBH) after a pub fight and given an IPP sentence with a minimum four-year tariff.

A keen and talented footballer, Josh took part in a TV documentary presented by former professional Ian Wright while at HMP Portland and told Theresa the final match was the "best day of his life".

He served six years before he was released on license in 2012.

Theresa remembers him getting signed by Bournemouth Football Club's second team and playing one match, before he got into trouble again for actual bodily harm and was recalled to prison.

After almost 11 more years inside Mcrae was found dead in his cell at HMP Long Lartin, Worcestershire, in September 2024.

"Josh's suffering is over, but ours continues, as does the suffering of thousands of other prisoners and families still trapped by this injustice," said Theresa.

According to the Prison Reform Trust, IPP sentences were introduced in England and Wales in 2005 and were intended for people considered "dangerous", but whose offence did not merit a life sentence.

A sentence had a minimum term, but instead of being released automatically, they must then had to prove to a parole board that were no longer a threat to the public.

If they were released, it was on licence with strict conditions that if breached led to people being recalled to prison.

The IPP regime was abolished in 2012, but not retrospectively cancelled for those already serving the sentences. The Ministry of Justice (MoJ) said that those still in prison would need to be resentenced for a fixed-term with an automatic release date.

Lord Brown of Eaton-under-Heywood, a former Supreme Court justice, described the continuing impact of IPPs as the "greatest single stain on our criminal justice system".

Theresa said it "breaks her heart" that Josh did not live to see a United Nations (UN) working group conclude last month that he and four other IPP prisoners had been arbitrarily detained.

Among the other findings of the UN Working Group on Arbitary Detention were:

• There was no legal basis under international law for the men's continued detention.
• The UK government has "not established compelling reasons to justify their continued detention" or shown that the threat they pose "cannot be addressed by alternative measures".
• Indeterminate sentences caused a "structural circularity" whereby the "psychological harm inflicted... itself generates behaviours and presentations that are relied upon as evidence of continued risk".

It comes as the government is set to release 5,000 offenders from October as part of new laws to create more space in overcrowded prisons.

That has led to intense public and political pressure over the possible release of the killers of PC Andrew Harper and a review into the plans has been ordered by the prime minster.

One of the alternative options to free up space is the release of all 2,271 prisoners serving IPP sentences.

Referencing the early release scheme Theresa said: "What a kick in the teeth to IPP prisoners, who cannot get out for love or money, they've been taking spaces up in prison for years."

"My message to the government is why can you not see how wrong, inhumane, torturous, impossible a sentence these men are having to endure?"

Mcrae's cousin, Faith Chorley described him as "funny, kind and a lovely soul" and added "he always wanted to be strong for his mum".

She said: "But it's the not knowing his date of freedom, not knowing when that torturous sentence was going to come to an end - it did impact him massively.

"He wanted to fight, just like we're fighting now, and he wanted to stand up for everybody who was in the same position as him, everybody who didn't have hope.

"He never got married, never had children, never drove a car, never went on a plane and it's not right."

Faith added: "They're destroying their souls and that's what happened to Josh and it shouldn't be too late for anyone else now."

In October, the women are hoping an inquest into Josh's death will establish how he came to die in his cell.

A Government spokesperson said: "While we cannot comment on individual cases, it is right that IPP sentences were abolished.

"As the IPP annual report shows, support has significantly improved for these offenders, with greater access to rehabilitation and mental health support.

"We are now looking at what more can be done."

The MoJ said there has "never been a finding in the European Court of Human Rights or in UK domestic courts that the IPP sentence was, or is, unlawful".

It added that the number of people serving IPP sentences in the community has been reduced from 3,018 in December 2023 to 891 in December 2025 and that in the past two years more than a thousand recalled prisoners have been released.

Barristers from Great James Street Chambers are now preparing to take High Court action against the UK government, calling for the ongoing detention under IPP to be declared unlawful.

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