Andy Burnham has announced that anyone found guilty of rape, serious child sexual offences and grooming will be blocked from being released early from prison under a sentencing shake-up. The new Prime Minister, who paused an early release scheme earlier this month, admitted he wanted to go even further and ban other offenders from having their time in prison shortened, but said it would not be possible without the crisis-hit prison system collapsing.
Changes to the Sentencing Act
Under the new Sentencing Act, originally set to come into force in September, some 6,000 criminals were due to be released under the programme. It was designed by the Labour government to ease the prison overcrowding crisis left behind by the Tories and amid fears jails could run out of spaces completely.
In his first week in power, Mr Burnham paused the scheme and ordered an urgent review to “minimise risks to the public”. On Monday evening, the PM said he had listened to victims’ concerns as he announced changes to the scheme.
He said in a statement: “I fully understand the anger, anxiety and distress that’s been caused. I’ve heard that loud and clear. That’s why we’re making significant changes: offenders who have been sentenced for rape, serious child sex offences and other grooming offences will be excluded from the changes.”
Prime Minister's statement
He added: “I want to be honest - I wanted to go even further as I know there will still be concerns about other offenders having their sentence shortened. But it’s not possible without the prison system reaching capacity and collapsing, which would put public safety at much greater risk.
“That’s why we will also be introducing much tougher community measures. There will be a presumption that all offenders are tagged, longer periods of supervision and tough new rules, including restriction zones for offenders.”
“As a country, we haven’t invested in the prison estate when we should have, going back over a decade. This has created an unacceptable situation, with our adult male prisons now at 98 per cent capacity.
“For too long, the problems facing our prison system have been ignored – and it’s the victims who have been paying the price. That is not good enough. My government will deliver the fastest prison building programme since the Victorian era and do what’s necessary to fix the prison crisis.”
PC Andrew Harper case
The review was ordered amid outcry over the potential release of two of PC Andrew Harper’s killers. The hero police officer's widow, Lissie Harper, said it was "deplorable" that Jessie Cole and Albert Bowers could be released within months. Both were passengers in a car that dragged PC Harper, 28, for more than a mile down a country road as he responded to a burglary report. Cole and Bowers were both jailed for 13 years after being convicted for manslaughter in 2020. It is understood neither will be impacted by the latest exemptions announced on Monday evening. Driver Henry Long did not qualify for early release under the government's criteria.
Details of the scheme
Changes in the Sentencing Act mean that prisoners on standard determined sentences can be released after serving a third of their term - instead of 40% of their sentence. Those released early would be subject to strict conditions or face recall to prison, the government has previously said. Measures would include curfews and electronic tagging. Those found by a court to be the most dangerous or serving a life sentence were already banned from the scheme.
Alex Norris, who recently replaced David Lammy as Justice Secretary, added: “The Prime Minister and I have reviewed these reforms, listened to the concerns and gone further to protect victims.
“These are decisions no minister would ever want to take but it is right these sickening crimes are excluded from these reforms. Victims will also have access to better support and reassurance that offenders leaving prison face tougher supervision and punishment.”
The government also announced that wider releases from prison under the Sentencing Act would be delayed from September to October. There will also be random drugs testing for 1,000 offenders released every month, and alerts warning offenders if they risk breaching an exclusion zone.
