Prisons in England and Wales are on course to run out of capacity in November, an independent review has warned, just days after the government announced a pause on an early release scheme amid public backlash.
Sir David Gauke, a former Conservative justice secretary who led a review into sentencing, stated that the capacity crisis is imminent unless the early release scheme remains in place. The Prime Minister has suspended the policy following public outrage over the potential early release of the killers of PC Andrew Harper. This decision threatens to create further chaos within the prison system.
Andy Burnham, the Justice Secretary, confirmed that no prisoners will be released under the policy until an urgent review by his office is completed. Alex Norris, who recently took charge at the Ministry of Justice, indicated that approximately 700 prisoners originally scheduled for early release in September will now not be freed as part of an initial group. The new Sentencing Act allows for around 6,000 prisoners to be released under the early release scheme.
Sir David Gauke's review last year recommended an 'earned progression model,' where inmates could move more quickly to a post-custody phase after serving one-third of their sentence, provided they behaved well. He emphasized that sentencing reforms, which led to longer sentences and increased release points without corresponding capacity increases, were driven by necessity. Gauke cautioned against operating prisons at full capacity, noting it hinders rehabilitation and leaves the system vulnerable to spikes in crime or sudden reductions in capacity.
PC Andrew Harper was killed in August 2019 while responding to a quad bike theft. His killers, Jessie Cole and Albert Bowers, who were teenagers at the time and convicted of manslaughter, faced potential early release after serving half of their 13-year sentences. The driver of the car, Henry Long, received a 16-year sentence and is not eligible for the early release scheme.
Lissie Harper, PC Harper's widow, had called the potential release of Cole and Bowers 'deplorable.' Debbie Adlam, PC Harper's mother, described the pause as a 'good start' but not sufficient, urging a thorough review of the policy.
Harper's Law, enacted after PC Harper's death, extends mandatory life sentences to those who commit the manslaughter of an emergency worker on duty. However, the law is not retrospective, meaning it does not apply to the killers of PC Harper.