Burnham directs justice secretary to examine prison capacity options amid overcrowding crisis

Prime Minister Andy Burnham has instructed Justice Secretary Alex Norris to urgently examine three measures to alleviate prison overcrowding in England and Wales. The directive aims to secure sufficient capacity to ensure that Albert Bowers and Jessie Cole serve their full 13-year sentences for the manslaughter of PC Andrew Harper, preventing their potential early release in the new year. Burnham stated he was “increasingly confident” that the pair would not be freed, following the passage of the Sentencing Act earlier this year which reduced the minimum time many offenders must spend in custody.

The options under review include accelerating the deportation of foreign offenders, releasing female prisoners, and reviewing indefinite sentences for lower-risk inmates. Ministry of Justice figures indicate there were 10,134 foreign nationals held in prisons across England and Wales at the end of June 2026. While removing these individuals would represent a significant political achievement, experts warn that reciprocal agreements with source countries take considerable time to negotiate, offering no immediate relief to the capacity crisis.

Tom Wheatley, president of the Prison Governors’ Association, highlighted the logistical complexities of deportation, noting that many offenders are undocumented or reluctant to return. He emphasised that victims often require assurance that justice is served within the jurisdiction, particularly where attackers originate from countries with limited cooperation on extradition or repatriation. Successive governments have pledged to clear jails of foreign prisoners, but all such initiatives have previously failed to materialise.

Regarding the release of female prisoners, Burnham could adopt models pioneered by the Greater Manchester authority, which reduced the number of women jailed for lower-level offences by 55 per cent over eight years. Converting HMP Bronzefield in Ashford, Surrey, from a women’s to a men’s facility could free up more than 500 spaces. However, Wheatley cautioned that many women’s prisons, such as HMP Styal, lack the security infrastructure required for male inmates, with some accommodation consisting of houses within secure perimeters that do not meet male custody standards.

The third option involves reviewing Imprisonment for Public Protection (IPP) sentences, which were introduced in 2005 and abolished in 2012. More than 2,200 people remain in custody under these sentences despite serving years beyond their minimum tariff, with around 70 per cent classified in category C or D prisons. Andrew Neilson of the Howard League for Penal Reform noted that while these individuals are not seen as high risk, establishing the support structures necessary to reintegrate them after long periods of incarceration would not be a quick fix. Complicating matters further, Napo members have voted to strike over concerns regarding the probation service’s capacity to handle adjusted early release schemes.