Image source, Getty ImagesAndy Burnham has announced he is pausing a scheme which would have seen thousands of prisoners in England and Wales eligible to be released early.
It came after criticism of the scheme from survivors and victims’ families, including the widow of PC Andrew Harper who described the possibility of his killers’ early release as “deplorable”.
The Sentencing Act, which was due to come into effect in September, would have seen some offenders let out at varying stages in a bid to ease prison overcrowding.
The new Justice Secretary Alex Norris said the pause aimed to “give victims and survivors certainty” and the government wanted to make sure it got “the implementation of this policy right”.
He added a review would also look at the information given to survivors and victims’ families as part of the early release process.
Burnham earlier said: “No prisoners will be let out under this policy until we have conducted an urgent review and done everything we can to minimise risk to the public.”
He added: “Where changes are needed, we will not hesitate to make them.”
Under the act, some offenders would have been let out after serving a third of their sentence, rather than half.
The rest of their sentence would be spent in the community, where they would be monitored and could be returned to prison if they offended again.
More serious offenders would have been released after serving half of their sentence, rather than two-thirds.
The policy was brought in to ease overcrowding in the prison system but has been criticised by opposition parties, as well as victims and their families.
The scheme would have seen around 700 prisoners released in early September, the BBC understands.
The decision to pause the scheme came after criticism from the family of Thames Valley Police officer Andrew Harper, who was killed in Berkshire in 2019 when he was dragged by a car down a country road by three teenagers.
Two of the killers of PC Harper, who were both sentenced to 13 years in prison, would have benefited from the scheme from June 2027, when the longest fixed sentences would have been added to the scheme.
PC Harper’s widow, Lissie, called the plans “deplorable” and said politicians were “making decisions from behind a desk that will have real and lasting consequences” for the families of victims.
His mother, meanwhile, said her son had not been given “proper justice” and “every victim will be feeling the same” about the early prison release scheme.
Thousands of letters had been sent to victims in recent weeks, warning them that the early release scheme was coming in September.
Norris, who voted in support of the Sentencing Act under Starmer’s government, later said the decision to pause was made after “listening to victims” and he hoped to provide them “certainty as soon as we can”.
He said: “The prime minister and I have heard from victims and survivors and from people across the country about their concerns about the implementation of some very important elements of the Sentencing Act.”
One element the government needed to get right was the information provided to victims before prisoners were released, Norris added.
Norris refused to be drawn on why he did not raise concerns when the Sentencing Act was first introduced but said Burnham was “quite right” to review the scheme.
Jade Belgrove, a survivor of sexual assault who has been campaigning against the early release scheme, said it was “such a relief that we’ve been heard”.
She told BBC News that when she received a letter informing her that her attacker might be released early “it was horrific”.
Belgrove said it even led her to question whether reporting the assault in the first place was worth it.
Victims’ Commissioner Claire Waxman welcomed the decision, calling the original form of the early release scheme the “wrong course of action”.
“Thousands of victims have already been told the offenders who harmed them could be released early, leaving many living with renewed fear and uncertainty,” she said.
“Victims deserve certainty, and their safety and confidence must come first.”
Conservative Party leader Kemi Badenoch said she welcomed the pause but called for killers and rapists to be “permanently” exempt from any future version of the scheme.
In a post on X, she said that the Tories have been “campaigning against this dangerous scheme from day one”.
Steve Gillan general secretary of prison officers’ union POA said he understood concerns about “operational stability” but the government was correct to pause early releases “to ensure there is adequate public protection in place and that victims of crime are put first”.
But one prison officer told the BBC Burnham’s decision was “bonkers” and warned prisons were close to full capacity.
“We’re super overcrowded – this isn’t great news,” they said.
“If we don’t let people out in September we could be at a critical point come November where we’re at full capacity.”
Another prison officer disagreed, praising the government for “putting public safety first”.
What the changes would have meant
The scheme would have started in phases from September and would have meant thousands of prisoners in England and Wales being eligible for earlier release.
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Offenders serving standard fixed sentences, who were due to be released after 50% of their term, would leave jail after serving 33%
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Serious sexual and violent offenders on fixed terms, who would have been released at 66% of that sentence, would be released after 50%
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These offenders would be intensively supervised but could lose the privilege of being out if they don’t make progress towards rehabilitation
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The most serious offenders – including life prisoners and those who are subjected to extended monitoring – are not eligible under the scheme
In 2024, the Labour government announced separate and temporary emergency measures to release some prisoners early to ease overcrowding.
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