‘Torturous’ indefinite jail term robbed son of whole adult life before he died in a cell at 34, mother says

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When he was refused parole last year, Josh Mcrae warned his mother the only way he would be released from his indefinite jail term was in a body bag.

It was the latest in a string of setbacks for the 34-year-old prisoner, who had already spent 16 years behind bars for a four-year minimum sentence he was handed for a crime when he was 17.

In September, the once smiley and ambitious footballer was found unresponsive in his cell at HMP Long Lartin aged 34. The cause of his death is still unknown.

Now his heartbroken mother has called for the government to finally bring an end to the injustice of the “torturous, cruel and inhumane” imprisonment for public protection (IPP) sentence he was handed.

“When he didn’t get parole last time he said the only way I am going to leave here is in a body bag – and that’s what happened,” Theresa Mcrae told The Independent.

“Josh’s struggle and strength and consequent death should not be in vain. He now has freedom, but heartbreakingly it was not the freedom we all so dearly wanted.”

The controversial jail terms, which saw offenders handed a minimum tariff but no maximum, were scrapped in 2012 over human rights concerns but not for people already detained – leaving thousands like Josh languishing with no release date.

Of 2,734 IPP prisoners still incarcerated, more than 700 have served more than 10 years longer than their minimum term. According to the latest figures, at least five IPP prisoners who were given minimum terms of less than six months have remained in jail for at least 16 years.

The sentences have been branded “psychological torture” by a UN human rights expert, and at least 90 IPP prisoners have taken their own lives.

Josh received an IPP sentence for grievous bodily harm following a pub fight in 2007 but maintained his innocence.

He served almost six years before he was first released in 2012, but was returned to prison six months later after he was further convicted of actual bodily harm.

He served another 11 years without release before he died on 6 September, having been refused parole a year earlier.

As his mother, 58, from Southampton, prepares to lay him to rest on Wednesday, she hit out at the “cruel” sentence that robbed him of his adult life.

“I think the sentence is cruel, so cruel,” she said. “There are people serving IPPs who deserve to be given a chance at life outside.

“It was Josh’s whole adult life. He wanted to have a family, he wanted a job.”

The mother choked back tears as she recalled their last conversation in a prison video call the day before he died, as he told his mother: “I love you.”

Tragically, in a phone call after his death, the prison governor revealed he had been planning to recommend Josh for release next year.

“Memories are all I have got now,” Theresa added. “Because it isn’t like I have even had a chance to share life with Josh because he has been there since he was 17.

“Seventeen Christmases. I have got all the Christmas presents for him. I can’t even bear to get them out of the cupboard now.

“It ruined his life. It took his life, didn’t it? He’s done more time than someone who murdered someone.”

A staff member who had been working with Josh through prison support service Reform and Rebuild said he struggled with a high turnover of inexperienced prison staff who did not understand the struggles IPP prisoners face.

She said the IPP label creates a stigma for prisoners that leads to risk aversion among staff and probation officers.

The staff member told The Independent: “They are grouped under the umbrella term ‘dangerous’, making it difficult for them to move away from that label, even though many prisoners sentenced to same crimes don’t have that term over their head.

“Joshua was a very liked, loved, and well-rounded man, given the circumstances. He always put family first, had a deep heart, and bounced back no matter what was thrown at him, never complaining.

“Prisoners have paid tribute to him through his mother, and prison staff have said they are saddened by his loss and would like to attend his funeral service, which I feel is a testament to the man he was.”

A Ministry of Justice spokesperson said: “It is right that IPP sentences were abolished and with public protection as the number one priority, the lord chancellor confirmed that around 1,800 rehabilitated offenders on IPP sentences will have their license conditions lifted.

“We are also continuing to look at other ways in which we can improve access to mental health support and rehabilitation for those still in custody.”

If you are experiencing feelings of distress, or are struggling to cope, you can speak to the Samaritans, in confidence, on 116 123 (UK and ROI), email jo@samaritans.org, or visit the Samaritans website to find details of your nearest branch. If you are based in the USA, and you or someone you know needs mental health assistance right now, call or text 988, or visit 988lifeline.org to access online chat from the 988 Suicide and Crisis Lifeline. This is a free, confidential crisis hotline that is available to everyone 24 hours a day, seven days a week. If you are in another country, you can go to www.befrienders.org to find a helpline near you