PC Harper killers to remain jailed as PM Burnham overhauls early release rules

Prime Minister Andy Burnham has confirmed PC Harper's killers will not be released early, after announcing manslaughter convicts are excluded from the scheme.

Manslaughter excluded from early release as Burnham acts on PC Harper case

Prime Minister Andy Burnham has confirmed that the killers of PC Andrew Harper will remain in prison, following changes to the early release scheme designed to ease overcrowding in England and Wales, BBC News reports.

In an exclusive interview with BBC Breakfast, Burnham said anyone convicted of unlawful killing — including all forms of manslaughter — would be excluded from the scheme. Without the change, two of Harper's killers would have become eligible for early release.

Harper, 28, was dragged along a road by a vehicle in Berkshire in 2019 while responding to a burglary report, as three teenagers fled the scene of a quad bike theft. The announcement follows months of campaigning by his family and former colleagues to prevent his killers from being freed ahead of schedule.

When it emerged that Jessie Cole and Albert Bowers could qualify for early release, there were calls from multiple quarters for the government to intervene.

"I heard obviously what Andrew Harper's family were saying — I mean, who couldn't? Nobody would want a position to arise where those guilty of killing a police officer are let out early from prison," Burnham told the BBC.

Harper's mother welcomes the decision

Debbie Adlam, Harper's mother, told BBC Breakfast she was relieved by the prime minister's announcement.

"I am glad and really grateful that this has been the outcome for us, but I worry immensely for those it doesn't happen for," she said. "The overall system has left some huge gaps still."

Thames Valley Police, the force Harper served with, said the announcement would be "welcomed by many across policing and our communities." Chief Constable Jason Hogg said in a statement he hoped it would bring reassurance to Harper's family, as well as to other victims and bereaved families "who continue to seek confidence that the most serious offences are treated with the gravity they deserve."

"Today is not about politics," Hogg added. "It is about remembering Andrew, recognising the profound impact his death continues to have on those who knew him, the communities he protected and those who serve in policing today."

Hundreds more to remain behind bars

Burnham conceded the changes would mean "hundreds" more people staying in prison, placing further pressure on a system already more than 97% full across England and Wales. He said additional space would be created through two measures: deporting foreign prisoners and releasing some inmates serving Imprisonment for Public Protection (IPP) sentences.

IPP sentences were available between 2005 and 2012 and were handed to offenders considered a significant risk to public safety. Under the terms of those sentences, a prisoner can only be released once the Parole Board is satisfied they no longer need to be confined — meaning many have been held well beyond their minimum term.

According to Ministry of Justice data, 2,271 people are currently serving IPP sentences as of June. Of those, 856 have never been released because the Parole Board judged it was not safe to do so.

Burnham said he had applied "common sense" to the treatment of IPP sentences, which he described as a long-standing concern.

"I was faced with a situation where people on those sentences who have more than served their time were not being released, while others who've committed very serious crimes were being released early," he told the BBC. "The judgement I've made is the public, in my view, would prefer a situation where people who have served their time to be considered for release before those who haven't."

He acknowledged that among those on IPP sentences, there will be "individuals who will pose a risk to communities," and said a cross-party oversight group would be established. The government intends to table legislation to terminate IPP sentences by the end of the current Parliament.

Foreign prisoner deportations and cell expansion

On the question of foreign prisoners, Burnham said "hundreds" could be returned to their home countries. Government figures show there were 10,134 foreign nationals in custody as of late June, representing 12% of the prison population. Powers to deport some foreign criminals immediately after sentencing are expected to be implemented early next year.

Those powers would prevent deported prisoners from returning to the country, while keeping those convicted of the most serious offences in custody for a substantial period before removal. The government is not understood to have signed any new prisoner returns agreements with other countries.

Work has also begun to create additional cells within existing prisons by repurposing space used for other functions, though that process is expected to take several months.

None of the measures announced by Burnham are expected to generate significant additional prison capacity before the first batch of prisoners is released early in October. The prime minister is said to have made a "political decision" to deploy some of the remaining capacity in the system so that the new rules can take effect immediately.

Wider exemptions announced

Beyond manslaughter, Burnham said prisoners convicted of indecent assault offences and death by dangerous driving will also be kept in custody rather than released early. Historic child sex offences and causing or allowing the death of a child are similarly exempted from the scheme. New "restriction zones" will also be introduced to better protect domestic violence survivors from perpetrators released early.

The justice secretary is expected to provide a more precise figure for the number of people affected when he addresses Parliament on Tuesday.

Source: BBC News