Prisons in England and Wales are on course to run out of capacity in November unless an early release scheme remains in place, a review chief has warned. The alert comes days after the government announced a pause on the policy amid public outrage over the potential early release of PC Andrew Harper's killers.
Sir David Gauke, the former Conservative justice secretary who led an independent review into sentencing, stated that the prisons system faces renewed chaos with the suspension of the early release scheme. He noted that sentences and release points have increased, but prison capacity has not kept pace.
"Running at capacity makes it hard to deliver rehabilitation, and leaves the system vulnerable if there is a spike in criminality (for example riots), or if prison capacity is reduced suddenly," Gauke posted on X. "The current spare capacity won't last long. Without the early release scheme, we are on course to run out of capacity in November, requiring emergency measures."
Prime Minister Rishi Sunak suspended the scheme on Thursday following condemnation that the killers of PC Andrew Harper might be eligible for early release. Justice Secretary Alex Norris announced that approximately 700 prisoners scheduled for early release in September will no longer be freed as part of an initial group.
Under the new Sentencing Act, around 6,000 individuals are slated for release through the early prison release scheme. The government has not yet specified whether individuals convicted of murder, rape, or pedophilia will be excluded from this policy.
"The PM has been very clear that the September 2 date is now on pause," Norris told reporters. "I want to be clear for victims and survivors that that's the case... We've taken the decision to pause it because we want to get any implementation right, to take those views of victims and survivors to be at the heart of it."
Andrew Burnham, the Justice Secretary, had previously indicated a potential reconsideration of the scheme due to anger over the potential early release of two of PC Harper's killers. The Ministry of Justice had confirmed that Jessie Cole and Albert Bowers, sentenced to 13 years for manslaughter in the death of PC Harper, could be eligible for early release after serving half their sentences.
PC Harper died in August 2019 at the age of 28 after sustaining fatal injuries while responding to a quad bike theft in Sulhamstead, Berkshire. He was dragged down a country road while attached to a strap on the back of a car as three teenage suspects fled. Cole and Bowers were passengers in the vehicle and were 17 at the time of the incident. The driver, Henry Long, received a 16-year sentence and is not eligible for the early release scheme.
Lissie Harper, PC Harper's widow, had described the possibility of Cole and Bowers being considered for early release as "deplorable." She stated that politicians "are making decisions from behind a desk that will have real and lasting consequences" for victims' families.
Following her husband's death, Lissie Harper campaigned for stricter sentences for the manslaughter of emergency workers on duty, contributing to the introduction of Harper's Law. This measure extends mandatory life sentences to individuals convicted of manslaughter of an emergency worker, though it is not retrospective.