When he was denied parole last year, Josh McCrae warned his mother that the only way he would be released from his indefinite prison term was in a body bag.
It was the latest in a series of setbacks for the 34-year-old prisoner, who had already spent 16 years behind bars on a four-year minimum sentence for a crime he was handed when he was 17.
In September, the once-smiling and ambitious footballer was found irresponsible in his cell at HMP Long Lartin aged 34. The cause of his death is still unknown.
Now his heartbroken mother has called on the government to finally put an end to the injustice of the “harsh, cruel and inhumane” sentence handed down on him.
“When he didn’t get parole the last time he said the only way I’m going to leave here is in a body bag – and that’s what happened,” Theresa McCrae said. The Independent.
“Josh’s struggle and strength and the resulting death should not have been in vain. He has freedom now, but at heart it wasn’t the freedom we all wanted.”
The controversial prison terms, which gave offenders a minimum tariff but no maximum, were scrapped in 2012 due to human rights concerns but not those already in detention – leaving thousands like Josh at weakened with no release date.
Of the 2,734 IPP prisoners still in prison, over 700 have served more than 10 years beyond their minimum term. According to the latest figures, at least five IPP prisoners who were given minimum terms of less than six months have spent at least 16 years in prison.
The memories I have now are… it’s not like I even had a chance to share life with Josh because he’s been there since he was 17
Josh McRae’s mother, Theresa
A UN human rights expert has branded the sentences “psychological torture”, and at least 90 IPP prisoners have taken their own lives.
Josh received an IPP sentence for grievous bodily harm after a pub fight in 2007 but maintained his innocence.
He served almost six years before he was first released in 2012, but was sent back to prison six months later after a further conviction for actual bodily harm.
He spent another 11 years without release before dying on September 6, having been denied parole a year earlier.
As his mother, 58, from Southampton, prepared to lay him to rest on Wednesday, she hit out at the “cruel” sentence that robbed him of his adulthood.
“I think the sentence is cruel, so cruel,” she said. “There are people who attend IPPs who have an opportunity in the outside world.
“It was Josh’s whole life as an adult. He wanted to have a family, he wanted a job.”
The mother fought back tears as she recalled their last prison video call the day before he died, when he told his mother: “I love you.”
Tragically, in a phone call after his death, the prison governor revealed that he planned to recommend Josh for release next year.
“It’s my memories now,” Theresa said. “Because it’s not like I’ve even had a chance to share life with Josh because he’s been there since he was 17.
“Seventeen Christmases. I have got all the Christmas presents for him. I can’t even remember getting them out of the cupboard now.
“It ruined his life. He took his life, didn’t he? He has done more time than someone who killed someone.”
A member of staff working with Josh through the prison support service Reform and Rebuild said he struggled with high turnover of inexperienced prison staff who did not understand the difficulties faced by IPP prisoners.
She said the IPP label creates a stigma for prisoners which leads to risk aversion among staff and probation officers.
The staff member told The Independent: “They are grouped under the umbrella term ‘dangerous’, which makes it difficult for them to move away from that label, even though many prisoners sentenced for the same crimes do not have that term over their head.
“He was a man that Joshua really liked, a man that he respected and liked very much, given the circumstances. He always put family first, had a deep heart, and bounced back no matter what was thrown at him, without 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, which I think is a testament to the man he was.”
A spokesperson from the Ministry of Justice said: “It is right that IPP sentences have been abolished and with public protection as a top priority, the Chancellor has confirmed that around 1,800 rehabilitated offenders on IPP sentences will have their license conditions removed.
“We are also continuing to look at other ways in which we can improve access to mental health support and rehabilitation for those who remain in custody.”
If you are feeling distressed, or struggling to cope, you can speak to the Samaritans, confidentially, on 116 123 (UK and Republic of Ireland), email jo@samaritans.org, or give visit the Samaritans website for details of your nearest branch. If you are located in the US, and you or someone you know is currently in need of mental health help, call 988 or email 988lifeline.org to access an online chat from the 988 Suicide and Crisis Lifeline. This is a free, confidential crisis hotline 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