Prime Minister Andy Burnham has ordered an urgent Ministry of Justice review after Tory leader Kemi Badenoch warned that some child sex offenders could be eligible for early release because indecent assault is not explicitly listed among exclusions. The review will identify grooming-related convictions that might be affected, but it has not yet confirmed whether any scheduled releases will be prevented. The measure comes as the government plans to release about 5,000 prisoners to ease overcrowding, with the prison population at roughly 97% capacity.
PM Orders Urgent Review After Fears Some Child Sex Offenders Could Be Released Early
Burnham is said to have personally intervened to review possible early releases related to grooming gangs [PA Media]
Prime Minister Andy Burnham has ordered an urgent review by the Ministry of Justice to identify historical grooming-related convictions that might be affected by a planned early-release scheme intended to ease overcrowding in England and Wales' prisons.
Why the Review Was Launched
The review follows warnings from Conservative leader Kemi Badenoch that the government's exclusion list for the early-release scheme does not explicitly name some offences — notably indecent assault — meaning certain child sexual-abuse convictions could, in theory, qualify for early release.
Government Response
A Downing Street spokesperson said the prime minister had asked the Ministry of Justice to "conduct an in-depth review of cases to ensure that grooming cases were identified" and that "this work is happening urgently." The spokesperson added the PM had personally intervened to ensure victims are properly protected.
Scope and Limits of the Review
It is understood this exercise is, at this stage, focused on identifying which convictions might be eligible under the scheme rather than immediately preventing specific releases. The government has not confirmed whether the review will result in any releases being blocked.
What Has Prompted Concern
Badenoch pointed out that many historical child-abuse prosecutions brought before changes to sexual-offence law in 2004 were charged as indecent assault under sections 14 and 15 of the Sexual Offences Act 1956. Those provisions are not named on the government's published exclusion list, raising concerns that offenders convicted under them could qualify for early release.
Examples cited in media reporting include five men jailed in October 2005 for indecent assault in a Bradford grooming case, Ajaz Karim (jailed for 21 months in December 2024 for abusing a 13-year-old while a sports coach), and Shahid Hussain (sentenced to eight years in September 2024 for indecently assaulting a 14-year-old in 2003).
Policy Context And Capacity Pressures
Burnham's government plans to release about 5,000 prisoners early, phased in across 10 tranches from October, as part of efforts to relieve chronic overcrowding. Official figures show the prison population on 3 August was 86,495, around 97% of usable capacity. The government says adding more exemptions would risk the prison system becoming unsustainable and could put the public at "much greater risk."
Under changes announced by Burnham, people sentenced for rape, serious child sexual offences and some grooming offences will be excluded from early release from October. However, other prisoners who are not excluded could be released after serving one third of their sentence rather than the previous arrangements of 40% or 50% for some offenders. The phase-in means people serving longer terms may not become eligible until later; for example, those jailed for 12 years or more could be affected in June 2027.
Impact On Families And Victims
Families and campaigners have reacted with distress. The family of PC Andrew Harper — the officer killed in 2019 after being dragged by a car — said they were "devastated" to learn two people jailed for their roles in his death may still be eligible for early release. Justice Secretary Alex Norris apologised to families, saying they were "carrying the can from previous failures."
What Happens Next
The Ministry of Justice will carry out the in-depth review to identify grooming-related convictions that may fall within the early-release scheme's scope. Officials have not yet published a definitive list of which offences remain eligible or confirmed whether any scheduled releases will be prevented as a result of the review.
Key legal point: The technical issue revolves around which statutory offences are named on the exclusion list. If an offence such as indecent assault (as charged under the pre-2004 law) is not explicitly excluded, those convictions may be treated differently under the new release rules unless the review or a subsequent policy change specifies otherwise.
Help us improve.
