Prime Minister Andy Burnham has ordered a review of the early prisoner release scheme in England and Wales amid growing controversy and public concern. The policy, introduced under the previous Conservative government and expanded by Labour after Burnham took office in July 2024, seeks to address severe overcrowding in prisons by allowing some prisoners, including serious offenders, to be released earlier than under previous rules.
Under the current scheme, certain offenders, including those convicted of violent and sexual crimes, may be eligible for automatic release after serving half their sentence rather than two-thirds, provided they have not committed serious breaches of prison rules. Less serious offenders can be released after serving one-third of their sentences, down from 40%. The policy aims to free approximately 6,000 prisoners over a 10-month period to ease pressure on the prison system, which has been described as nearing collapse.
Burnham’s intervention followed public and political backlash triggered by revelations that individuals convicted of serious offences, including killers of emergency workers, could benefit from the scheme. The family of PC Andrew Harper, who died responding to a quad bike theft in 2019, expressed outrage that those convicted of his manslaughter might be eligible for early release. Harper’s widow, Lissie Harper, has campaigned for tougher sentences through "Harper’s Law" but noted that the new legislation does not apply retroactively to her husband’s killers. She has called for changes ensuring that serious offenders do not benefit from early release provisions.
Burnham stated he had asked Justice Secretary Alex Norris to re-examine the policy and promised a detailed review before the next group of prisoners were released. “I want to assure myself that everything has been looked at before this policy proceeds,” he said, emphasizing the need to address decade-long underinvestment in prison infrastructure that has contributed to capacity challenges.
The review has received mixed responses. Victims’ groups welcomed Burnham’s steps, calling for improved risk assessments and greater transparency so victims are informed about offenders' release dates. Ciara Bergman, chief executive of Rape Crisis England and Wales, stressed the importance of protecting survivors in the face of overcrowding challenges, while Victim Support’s chief executive highlighted the need for urgent reform in victim notification processes.
However, some experts and advocates caution against dismantling the scheme. Andrea Coomber of the Howard League for Penal Reform warned that the criminal justice system faces collapse under current pressures without early release measures. Enver Solomon of the charity Nacro and former prisons minister Rory Stewart emphasized that early release, while difficult, is necessary to manage capacity and to focus on reducing reoffending.
The issue has also become a political flashpoint. Opposition politicians criticized the government’s approach as too lenient on criminals, with the Conservative leader Kemi Badenoch condemning the policy amidst the controversy. Additionally, Defence Secretary Wes Streeting and Home Secretary Shabana Mahmood apologized after private comments joking about the early release scheme sparked further indignation.
As the government evaluates the policy, it faces a complex balance between managing prison overcrowding and responding to public demand for tougher criminal justice measures and enhanced victim protections.