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Burnham Tightens Early Release Rules as Prison Overcrowding Crisis Deepens

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Burnham Tightens Early Release Rules as Prison Overcrowding Crisis Deepens
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The UK government has announced revised plans to tackle prison overcrowding by excluding prisoners convicted of rape, grooming and serious child sex offences from an early release scheme, while warning that further restrictions could trigger a prison capacity crisis.

Justice Secretary Alex Norris said the changes are intended to protect public safety while preventing prisons in England and Wales from running out of space as early as October.

Prime Minister Andy Burnham acknowledged that he wanted to expand the list of offences excluded from the scheme but said doing so would place the prison system under unsustainable pressure.

“I wanted to go even further, but we cannot do that without risking the collapse of the prison system and putting the public at much greater risk,” Burnham said.

The revised policy means offenders convicted of rape and serious child sexual offences will no longer qualify for early release. However, some prisoners convicted of other serious crimes, including certain manslaughter offences, will remain eligible under existing sentencing rules.

The announcement has drawn criticism from the family of Police Constable Andrew Harper, who was killed in 2019 after being dragged behind a vehicle as suspects fled the scene of a quad bike theft in Berkshire.

Harper’s mother, Debbie Adlam, said she was devastated after learning that Jessie Cole and Albert Bowers, who were jailed for manslaughter over her son’s death, could still benefit from the early release scheme.

“It feels like we’re letting Andrew down again,” she told the BBC.

Adlam said Justice Secretary Norris personally called to explain the government’s position and apologise. She urged authorities to ensure victims’ families receive proper notification and support if offenders are released.

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Andrew Harper’s widow, Lissie Harper, also condemned the decision, describing it as “disgusting” that the men responsible for her husband’s death could be freed early.

The changes will result in around 1,000 fewer prisoners being released under the scheme than originally planned. Norris said approximately 5,000 additional prisoners will still be released in phased batches beginning in October, alongside the roughly 4,500 inmates who typically leave prison each month.

Under the revised policy:

  • Prisoners convicted of rape, grooming and serious child sexual offences will not qualify for early release.
  • Offenders serving sentences of four years or more for other crimes may become eligible for release after serving half their sentence instead of two thirds.
  • Prisoners serving shorter sentences may be released after serving one third instead of one half.
  • Releases will be phased in between October 2026 and June 2027.

The Prison Governors’ Association said it remained unclear how many inmates would ultimately have their release dates recalculated and warned the changes would place additional pressure on prison and probation staff.

Victims’ Commissioner Claire Waxman said the government had been forced into difficult choices because of severe overcrowding but acknowledged the decision would feel deeply unjust for many victims’ families.

Domestic Abuse Commissioner Dame Nicole Jacobs criticised the government for not excluding domestic abuse offenders from the scheme, warning that victims’ safety must remain the priority.

The government also announced an additional £10 million for front line victim support services, including the creation of a new national helpline. It said prisoners convicted of rape and serious child sexual offences who complete their full sentences will face enhanced monitoring after release, including GPS tracking and stricter community supervision.

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The reforms come as ministers seek to manage record pressure on the prison estate while balancing public protection and rehabilitation. Officials say the phased release programme is designed to stabilise prison capacity, though critics argue it leaves victims of other serious crimes feeling overlooked.

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