Prime Minister announces changes to early release scheme
Prime Minister Andy Burnham has told the BBC that PC Andrew Harper's killers will remain behind bars as he announced changes to the early release scheme aimed at easing prison overcrowding. In an exclusive interview with BBC Breakfast, Burnham said anyone convicted of unlawful killing, including all forms of manslaughter, will be excluded from the scheme, which would have made two of the officer's killers eligible for early release.
The announcement follows months of campaigning from PC Harper's family and former colleagues to block the release of his killers. The 28-year-old was responding to a burglary in Berkshire in 2019 when he was dragged along a road by a vehicle as three teenagers fled the scene of a quad bike theft. When it emerged that two of the killers, Jessie Cole and Albert Bowers, could be released early, there were passionate calls for the government to intervene and block those convicted of manslaughter from early release.
"I heard obviously what Andrew Harper's family were saying, I mean who couldn't? Nobody would want a position to arise where those guilty of killing a police officer are let out early from prison," Burnham told the BBC.
Details of the policy changes
Burnham said extra prison space would be created by deporting foreign prisoners and releasing some inmates serving indefinite sentences. He conceded the announcement will mean "hundreds" more people stay in prison, meaning additional space will need to be found in a system that is more than 97% full in England and Wales.
The prime minister said that will be achieved in-part through ending Imprisonment for Public Protection sentences, or IPPs. These were available between 2005 and 2012, and were given to offenders who pose a significant risk of causing serious harm to the public. Once a minimum term has been served, the prisoner can be released only once the Parole Board is satisfied they no longer need to be confined for public safety, meaning many are being held indefinitely.
Burnham said he had applied "common sense" on the treatment of IPPs. According to Ministry of Justice data, 2,271 people are serving IPP sentences as of June. Of those, 856 have never been released because the Parole Board thought it was not safe to do so. Burnham conceded that of those offenders, there will be "individuals who will pose a risk to communities." The government will table legislation to terminate the sentences by the "end of this Parliament."
Pressed on how many foreign prisoners could be returned, Burnham said it was "hundreds." The government has said powers will be implemented early next year to deport some foreign criminals immediately after sentencing. The government is not thought to have signed any additional prisoner returns agreements with other countries. It is understood that work has also begun to create more cells in existing prisons.
None of the measures announced by Burnham are likely to create much additional prison capacity by the time the first batch of prisoners are released early in October.
Scope of the exclusions
In addition to those in jail for manslaughter, the prime minister said prisoners convicted of indecent assault offences and death by dangerous driving will also remain in prison. Historic child sex offences and causing or allowing the death of a child will also be exempted. The justice secretary is expected to give a more precise figure when he gives a statement in Parliament on Tuesday.
Earlier this month, Burnham announced prisoners guilty of rape, serious child sex offences and grooming will be excluded. On 3 August, the government announced prisoners guilty of rape, serious child sex offences and grooming would be excluded. Prisoners serving sentences for murder would not be eligible for early release.
Burnham later said he was "confident" of being able to block PC Harper's killers from the scheme. The prison population in England and Wales on 24 August was 86,843.
Background on the case
PC Andrew Harper, 28, died in August 2019 when he was dragged down a country road in Berkshire by a car as Cole, Bowers and their accomplice Henry Long fled the scene of a quad bike theft. All three were convicted of manslaughter in 2020. Cole and Bowers were sentenced to 13 years in prison and could have potentially been released early as part of the government's drive to free up prison places.
The prime minister ordered a review of the scheme, which is being undertaken by the justice secretary, Alex Norris, and is set to be published when parliament returns from summer recess in September. That followed widespread condemnation of the scheme when it emerged that Albert Bowers and Jessie Cole could be released halfway through their 13-year sentences.