Andy Burnham to Review Early-Release Rules After Outcry Over PC Andrew Harper Case

Andy Burnham has pledged a detailed review of the early-release provisions in the Sentencing Act after public anger that two men involved in the death of PC Andrew Harper could become eligible for early release under the new rules.

From September, thousands of people serving sentences in England and Wales will become eligible to be released earlier under provisions intended to ease pressure on an overcrowded prison estate. Tens of thousands of inmates have already been released early since 2024 as authorities sought to free up space.

Burnham acknowledged long-standing underinvestment in the prison system and said the resulting pressure on places had created an unacceptable situation. He warned that he could not promise to overturn the policy entirely, but said he would examine it closely before it proceeds.

I can’t say that I can change the policy completely, but I will look at it in detail before we go further forward, and I want to assure myself that every single part of this will be examined with the justice secretary.

The comments followed renewed public anger after the mother of PC Andrew Harper said the prospect that two of the men convicted over her son s death might be freed early felt like an insult. Jessie Cole and Albert Bowers were each sentenced to 13 years custody for manslaughter and could, under the new sentencing rules, be considered for early release.

Burnham said the main perpetrator in Harper s death would not be eligible for early release, and expressed sympathy for the family, calling the crime appalling.

Why the change has been proposed

The Sentencing Act, passed earlier this year, was designed to reduce pressure on prisons by moving the point of eligibility for release in some cases. Under the reforms, certain offenders could become eligible for release after serving a third of their sentence, while others who previously would have been released after two thirds could now be released after half their term. The legislation also encourages courts to avoid imposing short custodial sentences under one year, except in specific or exceptional circumstances.

Critics say the measures risk appearing to let serious offenders serve shorter periods behind bars, while supporters argue they are a pragmatic response to acute overcrowding.

Reactions

Katie Kempen, chief executive at Victim Support, welcomed the review and urged greater transparency for victims about early-release eligibility.

It is encouraging to hear the prime minister will be looking again at the early-release policy. This review must urgently fix the fact that most victims currently have no way of knowing whether or not an offender could be released early, she said.

Conservative shadow justice minister Nick Timothy sharply criticised the scheme, saying victims should not have to live in fear while a review is carried out and warning that early release for serious offenders would be shameful.

Headline numbers associated with the changes include nearly 40,000 prisoners already released early under government measures, and a prison population that rose sharply from the mid-1990s and doubled between 1992 and 2012. Shortly after taking office, the current government released thousands of inmates when warned that prisons could run out of space.

The review pledged by Burnham will consider these pressures alongside public concern about specific cases, and is intended to ensure the policy is scrutinised before the September changes take effect.