Prime Minister Andy Burnham has expressed confidence that the government can successfully exclude the killers of PC Andrew Harper from its controversial early release scheme. This announcement follows a period of mounting public outcry regarding the potential liberation of Jessie Cole and Albert Bowers, who were sentenced to 13 years for manslaughter in 2020.
The Prime Minister has now formally ordered the justice secretary to identify a specific mechanism to bar these individuals from early release. This directive marks a distinct shift in tone from the government’s stance last week, when the Prime Minister suggested there was little more he could do without risking the total collapse of the prison system.
The move comes after days of intense pressure to exclude Harper’s killers from the scheme, which is currently aiming to free approximately 5,000 offenders across England and Wales to make space in severely overcrowded jails. The government’s early release initiative is designed to address a critical capacity crisis, where usable space in prisons is currently hovering near 100%.
In an article published last week, Burnham had previously stated he had “wanted to go even further” but felt he had “pushed to the very limits of what is possible to do.” He added at the time: “I know I can look people in the eye and say to them there is nothing more I could have asked for without risking the prison system reaching capacity and collapsing within months.”
However, on Tuesday, Burnham insisted he had never accepted that there was nothing more that could be done to prevent the early release of specific offenders, including those involved in the killing of PC Harper. “I came into office and started pushing on this issue, and I have pushed every single day in office,” he added, signaling a renewed effort to address the public’s concerns.
Debbie Adlam, the mother of PC Harper, told the she was in “turmoil” following conflicting reports about whether two of her son’s killers would be released from prison early. She described the government’s handling of the situation as a “hash,” highlighting the emotional toll the uncertainty has taken on her family.
Political opposition has been swift, with Conservative shadow home secretary Chris Philp accusing Burnham and the Labour government of “re-traumatising victims and their families with their constant U-turns.” The government has announced that a new plan to prevent more prisoners from being freed long before the end of their sentences will be presented to Parliament in September.
Burnham also indicated he would seek to hold talks with other political parties to build a broader “consensus” on the approach to early releases. This follows his earlier decision to bar some prisoners convicted of rape, serious child sex, and other grooming offences from the scheme after an internal review.
The prison capacity crisis remains a significant challenge, as the number of places in jails in England and Wales has not kept pace with the significant rise in the prison population over recent decades. Ministers have warned that prison spaces might run out as soon as October, necessitating the current legislative changes that allow some offenders to be released after serving one-third of their custodial term.
PC Harper, 28, from Wallingford, Oxfordshire, was killed on duty in 2019, just four weeks after his wedding, when he was dragged behind a getaway car driven by teenagers fleeing a quad bike theft. While Cole and Bowers are currently eligible for release next year, the third man convicted of the manslaughter, Henry Long, received a 16-year sentence and remains ineligible for this scheme.
The Ministry of Justice reported that at the end of June, there were 1,015 people in prison for manslaughter in England and Wales, though it remains unclear how many of these individuals fall under the early release criteria. The government has not yet confirmed the specific legal mechanism it will use to prevent Cole and Bowers from being treated like other prisoners with similar sentences.
Meanwhile, the probation service is under immense strain. The union Napo announced on Tuesday that 90% of its members have backed potential industrial action if concerns over “excessive workloads” are not addressed. “The government cannot keep treating probation as the place where the consequences of failures elsewhere in the criminal justice system are dumped,” said Napo national chair Ben Cockburn.
The government’s early release scheme aims to address a severe overcrowding crisis in jails, where useable capacity is almost at 100%.
The release point for these prisoners will move from 40% or half of their custodial term to one third for some offenders, and from two thirds to half for others.
The third man jailed for the manslaughter of Harper – the vehicle driver Henry Long – was given a longer 16-year jail term and cannot be considered for early release.
At the end of June, there were 1,015 people in prison in England and Wales for manslaughter, including 950 men and 65 women, according to the Ministry of Justice.
It is not uncommon for offenders to serve some of their sentence in the community, under the supervision of the probation service and subject to restrictions, such as electronic tag monitoring.
But Napo, the probation union, said the system is already struggling to cope, warning a bigger workload will put public safety at risk.
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