Burnham’s prison release review sparks chaos in HMPPS ahead of September deadline

Prime Minister Andy Burnham has announced a review of the early release scheme under the Sentencing Act 2026, triggering what the Napo probation union describes as a "sense of chaos" within the Prison and Probation Service. The review comes as HMPPS prepares for the scheduled release of up to 6,000 offenders starting 2 September 2026, with officials stating they lack clarity on how to proceed with pre-release preparations amid potential policy changes.

The Sentencing Act 2026 introduces an "earned progression model" that replaces automatic halfway release for standard determinate sentences. Under this tiered, behaviour-based system, most prisoners will be released after serving one-third of their sentence, with the remainder served under strict community supervision and electronic tagging. For violent and sexual offenders whose automatic release stage was previously set at two-thirds, eligibility is now reduced to the halfway point, provided they have not committed serious breaches of prison rules.

Tania Bassett, Napo’s national officer, confirmed that the union had requested direction from HMPPS regarding whether to continue pre-release preparations but received no response. She warned that the review could further compress already short timeframes, placing additional pressure on overworked staff. Established release plans risk collapse without "imminent, concrete direction," as probation officers are required to complete extensive risk assessments, accommodation referrals, and multi-agency safeguarding plans that typically take six to eight weeks.

The policy has drawn sharp criticism from prison officer representatives, who are calling for exemptions for serious offenders. Mark Fairhurst, national chair of the POA union, urged Burnham to rethink the policy to include exemptions for violent, sexual, and domestic abuse offenders. Fairhurst argued that while capacity could be freed by releasing those convicted of less serious crimes, the government must maintain public confidence by keeping serious offenders incarcerated.

Burnham has confirmed that Henry Long, the main perpetrator in the murder of police officer Andrew Harper, will not be subject to early release. However, Albert Bowers and Jessie Cole, two of Harper’s killers jailed for manslaughter in 2020, remain under consideration for release under the new scheme. Chief Secretary to the Treasury Emma Reynolds stated that Burnham intends to examine the implementation of the policy, with details to be set out in the coming weeks alongside Justice Secretary Alex Norris.