PM Burnham excludes manslaughter convicts from early release, keeping PC Harper's killers jailed

Prime Minister Andy Burnham announced on Sunday that anyone convicted of manslaughter will be barred from an early release scheme designed to ease England and Wales's overcrowded prisons, a decision that will keep the two men who killed PC Andrew Harper behind bars. The announcement came in an exclusive interview with BBC Breakfast and represents a significant reversal from weeks earlier, when government officials had warned it would be impossible to exclude specific offenders without risking the collapse of the prison system.

PC Harper, 28, was killed in August 2019 while responding to a burglary in Berkshire. As three teenagers fled the scene of a quad bike theft, they dragged him along a road with their vehicle. Two of those teenagers, Jessie Cole and Albert Bowers, were sentenced to 13 years for manslaughter in 2020. Under the original terms of the Sentencing Act 2026, they would have become eligible for release after serving half their sentences—roughly six and a half years—rather than the traditional two-thirds. The prospect of their early release triggered months of sustained campaigning from Harper's family and former police colleagues, who argued it would be unconscionable to free the men who killed a serving officer.

Burnham acknowledged the weight of that pressure directly. "I heard obviously what Andrew Harper's family were saying, I mean who couldn't?" he told the BBC. "Nobody would want a position to arise where those guilty of killing a police officer are let out early from prison." The decision to exclude all manslaughter convictions from early release eligibility will affect hundreds of additional prisoners beyond Cole and Bowers. The third person involved in Harper's death, Henry Long, the driver of the getaway car, had already been ineligible for early release under an extended sentence of 16 years.

The early release scheme itself was created to address a crisis of prison overcrowding. As of August 24, England and Wales held 86,843 prisoners in facilities with a total capacity of 88,770—a utilization rate of 97.6 percent. The Sentencing Act 2026 was designed to release large numbers of inmates earlier than previously planned, freeing up space without requiring new construction. The scheme was scheduled to begin on October 1. By excluding manslaughter convictions, Burnham acknowledged that "hundreds" more people will remain incarcerated, deepening the capacity problem he was trying to solve.

To create the necessary prison space, the government will pursue three strategies. First, it will deport foreign prisoners—Burnham said this could affect "hundreds" of people, with new powers to be implemented early next year that would allow immediate deportation after sentencing and prevent those individuals from ever returning to the country. Second, the government will release some prisoners serving Imprisonment for Public Protection sentences, or IPPs. These sentences, available between 2005 and 2012, were given to offenders deemed to pose a significant risk of serious harm. Once a minimum term is served, release depends on Parole Board approval that the person no longer requires confinement for public safety. As of June, 2,271 people were serving IPP sentences; of those, 856 have never been released because the Parole Board deemed it unsafe. Burnham said he had "long-standing concerns" about IPPs and applied "common sense" to the question of whether people who have served their minimum terms should be held indefinitely while others convicted of serious crimes are released early. Third, the government will adapt existing prison space for additional cells, though this work is expected to take months.

Burnham conceded that releasing some IPP offenders will mean "individuals who will pose a risk to communities" will be freed. To manage that risk, a cross-party oversight group will be established. The government will also table legislation to terminate IPP sentences by the end of Parliament. Beyond manslaughter, the early release scheme will also exclude prisoners convicted of indecent assault, death by dangerous driving, historic child sex offences, and causing or allowing the death of a child. New "restriction zones" will be introduced to protect domestic violence survivors from perpetrators released early. These additional exclusions will keep "hundreds" more people in prison.

The announcement marks a dramatic shift in position. In his early days as prime minister, Burnham had paused the Sentencing Act while a review was conducted. On August 3, the government excluded prisoners convicted of rape, serious child sex offences, and grooming. But when it came to manslaughter, Downing Street initially warned it would be impossible to exclude "one or two offenders" without risking systemic collapse. Burnham later said he was "confident" of blocking Harper's killers, then a week before the announcement, he said there was "nothing more" he could do. The final decision to exclude all manslaughter convictions represents a political choice to use remaining prison capacity to implement the exclusion immediately rather than waiting for new space to be created.

PC Harper's family had made clear what they wanted. His widow, Lissie Harper, had called the prospect of reduced sentences "deplorable." His mother, Debbie Adlam, told BBC Breakfast she was in "turmoil" over conflicting reports about whether the killers would be released, describing the government's handling as a "hash." The justice secretary is expected to provide precise figures for how many prisoners will be affected when he gives a statement in Parliament on Tuesday. None of the capacity-creation measures announced are expected to produce significant results by October 1, when the first batch of early releases is scheduled to begin.