Justice Secretary Andy Burnham has directed officials at the Ministry of Justice to explore options for preventing the early release of two men convicted in the manslaughter of police officer Andrew Harper, amid public concern over government plans to ease overcrowding in British prisons. The move comes as the government faces pressure to balance overcrowding relief with public safety ahead of a scheduled parliamentary review within four weeks.
The government’s early release scheme aims to free low-risk offenders to alleviate strain on crowded facilities. However, the decision to potentially release Albert Bowers and Jessie Cole, who killed PC Harper, has sparked backlash. Burnham has rejected official claims that further measures to block their release are impossible, instructing his department to propose viable solutions.
One approach under consideration is to exclude offenders convicted of killing emergency workers from early release provisions. While this exemption is supported by some MPs and policing figures, the Ministry of Justice warns of legal complications. There is no distinct legal category for manslaughter of emergency personnel, making it difficult to single out such cases without risking successful legal challenges based on discrimination or human rights violations. While this measure could temporarily keep the two men in custody, the government might face court rulings compelling their release and potential compensation.
Another option involves releasing lower-risk inmates from long-term indeterminate sentences known as Imprisonment for Public Protection (IPP). These sentences are applied to offenders deemed dangerously likely to reoffend and currently number just under 1,000 prisoners. Burnham has criticized IPPs as “a long-running injustice” and suggested some prisoners could be freed to ease capacity pressures. However, such releases may meet resistance from local communities concerned about public safety.
Additional proposals include using former military barracks as temporary accommodation for low-risk prisoners, echoing models from countries like Australia, as well as reviving prison barges, such as the Bibby Stockholm, to increase holding capacity. While these options may provide short-term relief, they carry risks related to public perception and safety, especially if any released prisoners commit further crimes.
Calls have also been made, notably by Reform UK leader Nigel Farage, to construct so-called “Nightingale” prisons—temporary facilities built on Ministry of Defence land capable of housing thousands of offenders. Although potentially capable of housing up to 12,400 inmates within 18 months, experts caution this timeline is insufficient to address the immediate overcrowding crisis facing Burnham this autumn.
The government is also confronted with the complexity of deporting foreign-national prisoners to reduce the prison population, a strategy that faces diplomatic hurdles and frequent human rights legal challenges citing rights to family life and protection from inhumane treatment abroad.
As the ministry prepares detailed proposals, officials acknowledge that no single solution will be straightforward or risk-free. The government’s efforts to reconcile early release policies with public safety and legal constraints remain fraught with challenges, making the path forward politically and legally complex.