The short version
- The UK government has excluded individuals convicted of unlawful killing, including manslaughter, from a new early release scheme intended to alleviate severe prison overcrowding.
- Prime Minister Andy Burnham stated that hundreds of additional inmates will remain behind bars, necessitating alternative capacity measures such as deporting foreign nationals and ending indefinite Imprisonment for Public Protection sentences.
- The policy adjustment follows intense public pressure after it emerged that two teenagers convicted of manslaughter in the death of police officer Andrew Harper were eligible for early release under previous guidelines.
Prime Minister Andy Burnham has confirmed that individuals convicted of unlawful killing, including all forms of manslaughter, will be excluded from a government initiative designed to reduce prison overcrowding. This policy shift ensures that the two teenagers convicted of manslaughter in the death of Police Constable Andrew Harper will remain incarcerated for the full duration of their sentences. The announcement addresses months of sustained campaigning by Harper’s family and former colleagues, who argued against the potential early release of those responsible for the officer’s death in 2019.
The decision significantly alters the scope of the early release scheme, which was originally intended to ease pressure on a prison system operating at more than 97% capacity in England and Wales. Burnham indicated that hundreds of additional prisoners will now be required to serve their full terms rather than being released early. This expansion of exclusions extends beyond manslaughter to include convictions for indecent assault, death by dangerous driving, historic child sex offenses, and causing or allowing the death of a child. The prime minister emphasized that these changes reflect a judgment that public safety concerns outweigh the immediate need for capacity relief in these specific categories.
The controversy surrounding the early release scheme intensified when it became apparent that Albert Bowers and Jessie Cole could have been released halfway through their 13-year sentences. Harper, aged 28, died in August 2019 after being dragged along a Berkshire road by a vehicle driven by Bowers and Cole as they fled the scene of a quad bike theft. A third accomplice, Henry Long, was also convicted of manslaughter. The prospect of their early release sparked widespread condemnation, prompting Burnham to order a review of the scheme, which is currently being conducted by Justice Secretary Alex Norris.
To accommodate the increased number of inmates remaining in custody, the government plans to implement several alternative measures aimed at creating additional prison space. One primary strategy involves the deportation of foreign national prisoners. Burnham stated that hundreds of such individuals could be returned to their home countries, with new powers expected to allow for immediate deportation after sentencing. These measures are designed to prevent foreign offenders from returning to the UK while ensuring those convicted of the most serious crimes serve substantial periods in British prisons before removal.
Another significant component of the capacity strategy involves the termination of Imprisonment for Public Protection (IPP) sentences. Introduced between 2005 and 2012, IPPs were intended for offenders posing a significant risk to public safety but have resulted in many prisoners being held indefinitely after serving their minimum terms. Burnham described these sentences as problematic, noting that individuals who had served their time were often kept behind bars while others convicted of serious crimes were released early. The government plans to table legislation to end these sentences by the end of the current Parliament.
Data from the Ministry of Justice indicates that 2,271 people were serving IPP sentences as of June, with 856 never having been released because the Parole Board deemed them unsafe for release. Burnham acknowledged that some of these individuals may still pose risks to communities and announced the establishment of a cross-party oversight group to manage their transition. He argued that it is more logical for the public to see those who have served their minimum terms considered for release before those serving indefinite sentences, framing the change as an application of common sense.
Despite these announcements, immediate relief for prison overcrowding remains uncertain. None of the measures outlined by Burnham are expected to generate significant additional capacity by October, when the first batch of prisoners under the early release scheme is scheduled to be freed. The government has reportedly made a political decision to utilize remaining capacity to implement the new exclusions immediately. Additionally, efforts to create more cells by adapting existing prison spaces are underway but are expected to take months to complete.
The justice secretary is expected to provide precise figures on the number of people affected by these changes during a parliamentary statement scheduled for Tuesday. The review of the early release scheme, ordered by Burnham following the backlash over Harper’s killers, will be published when Parliament returns from its summer recess in September. New restriction zones are also being introduced to better protect domestic violence survivors from perpetrators who may be released early under other provisions of the scheme.
The government has not yet signed additional prisoner return agreements with other countries, which could complicate the deportation strategy. While the immediate focus is on managing the political fallout and ensuring the safety of communities, the long-term sustainability of the prison system remains a challenge. The combination of excluding serious offenders from early release and attempting to deport foreign nationals represents a significant pivot in penal policy, balancing public demand for justice with the logistical realities of an overcrowded correctional system.
Sources behind this briefing
Go to the original reporting
- BBC News↗PC Harper's killers to stay in jail as PM announces changes to early release scheme
- The Guardian World↗PC Andrew Harper’s killers will remain in jail as PM makes changes to early release scheme
