Politics

Burnham weighs legislative options to block early release of PC Harper killers

Government considers exempting manslaughter offenders from Sentencing Act reforms, though legal and logistical hurdles remain significant.

Author
Adrian Cole
Political Correspondent
Published
Draft
Source: The Guardian Politics · original
Politics
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Prime Minister faces first major policy test amid prison capacity crisis and police backlash

UK Prime Minister Andy Burnham is reviewing measures to prevent the early release of Albert Bowers and Jessie Cole, who were convicted of the manslaughter of PC Andrew Harper. The case has emerged as a significant policy challenge, pitting public and police sentiment against the government’s broader strategy to alleviate severe prison overcrowding through the Sentencing Act.

Under the current reforms, prisoners serving terms of four years or more for serious violent or sexual offences are eligible for release at the halfway point of their sentence, rather than the previous two-thirds mark. Bowers and Cole, jailed for 13 years in 2020, fall within this category. The main perpetrator, Henry Long, received a 16-year sentence and is not subject to early release provisions.

Burnham previously excluded rapists, child sexual abusers, and groomers from the scheme and delayed its implementation by one month to October. However, manslaughter offenders remained eligible. Following intense criticism from police and the victim’s family, the Prime Minister is now exploring two primary legislative pathways: exempting all manslaughter prisoners from early release or specifically protecting killers of emergency workers.

The government faces a critical constraint regarding prison capacity. Official predictions indicate the system will reach full capacity by November without the scheduled releases. There are approximately 950 people currently imprisoned for manslaughter. While not all are eligible for early release, removing this group entirely risks a rapid collapse of the prison infrastructure. A spokesperson for Burnham ruled out an exemption for just one or two offenders, noting that manslaughter of an emergency worker is not a stand-alone offence.

The Police Federation is considering legal action to challenge the release of Bowers and Cole, with Jason Hogg, chief constable of Thames Valley Police, indicating he may join any proceedings. However, legal experts suggest such challenges face steep odds. Courts are unlikely to rule that parliament lacked the authority to enact the Sentencing Act provisions, making a successful judicial intervention a remote possibility.

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