Prime Minister Andy Burnham is facing sharp criticism for his handling of a government initiative to release some prisoners early, a move that victims' advocates say is causing undue distress. Claire Waxman, the victims' commissioner for England and Wales, accused the Prime Minister of creating "chaos and uncertainty" in the justice system through a perceived "flip-flopping" on the policy.
Initially, the Sentencing Act was expected to allow for the early release of approximately 6,000 inmates to address jail overcrowding. However, following public outcry, particularly concerning the potential early release of those convicted in the death of PC Andrew Harper, Burnham ordered a review. This review led to changes that exclude rapists and paedophiles from early release, reducing the estimated number of eligible individuals to around 5,000. Despite these adjustments, the status of PC Harper's killers remained unchanged until a recent shift.
Burnham has recently indicated that he is "increasingly confident" that PC Harper's killers will not be released early. This statement followed his instruction to Justice Secretary Alex Norris to develop plans to create more prison space for serious offenders. Burnham stated that he would not forgive himself if he did not attempt to alleviate the "anguish" of PC Harper's family.
Waxman, however, criticized Burnham's indecisiveness, telling The Times that the lack of a clear decision has left PC Harper's family and others affected by manslaughter in a state of "constant uncertainty and chaos that was 'prolonging their torture'." She noted that some victims have been hospitalized or are unable to function due to the ongoing uncertainty about potential releases beginning in October.
PC Andrew Harper was killed in August 2019 when he was dragged down a road while responding to a quad bike theft. Two of the three men convicted of his manslaughter, Albert Bowers and Jessie Cole, were sentenced to 13 years and were set to be eligible for early release next year, halfway through their sentences. The driver, Henry Long, received a 16-year sentence and was not eligible for the early release scheme.
Burnham suggested that freeing up prison space could be achieved by returning foreign national offenders and addressing those serving Imprisonment for Public Protection (IPP) sentences. The government is also considering using parts of the female prison estate for male offenders.
Reports suggest a division between Downing Street and the Ministry of Justice, with some Downing Street officials viewing their Ministry of Justice counterparts as "weak" amidst the ongoing prison crisis. Conversely, allies of the Justice Secretary reportedly feel the Prime Minister is making unattainable promises.
In a significant intervention, 50 police leaders from across the UK jointly condemned the early release scheme. A letter from the National Police Chiefs Council, representing 48 UK police forces, the National Crime Agency, and Jersey Police, warned that the plans "risk undermining public safety, victim confidence and wider confidence in the criminal justice system." The signatories urged Burnham to explore all lawful options to prevent the release of PC Harper's killers, suggesting the policy undermines the law enacted in his memory. PC Harper's widow, Lissie, had advocated for Harper's Law, which mandates life sentences for those who kill emergency workers in the line of duty.