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Early prison release scheme explained: why killers of PC Andrew Harper could be freed

Explains the UK's early prison release scheme and the controversy over PC Andrew Harper's killers' potential early release.

UK

Early prison release scheme explained: why killers of PC Andrew Harper could be freed

Two of the men jailed for killing police officer Andrew Harper may be eligible for early release under a new government scheme – a prospect his mother has called “a slap in the face and an insult”. PC Harper, 28, died in 2019 when he was dragged by a car down a country road as three teenagers fled the scene of a quad bike theft in Berkshire. The driver, Henry Long, received a 16-year sentence and will not be eligible. But passengers Jessie Cole and Albert Bowers – both 17 at the time – were sentenced to 13 years for manslaughter and might be released halfway through their sentences under the new Sentencing Act.

The early release scheme is part of the Sentencing Act 2026, due to come into force in September. It will see around 6,000 prisoners released over the following ten months to free up prison space. Under the scheme, serious offenders can be released after serving half their time if they have not committed serious disciplinary breaches; those convicted of less serious offences could be freed after a third. The government has said the most dangerous offenders – those with extended determinate sentences or life sentences – are excluded, but has not yet ruled out whether killers, rapists and paedophiles will be exempt.

Explains the UK's early prison release scheme and the controversy over PC Andrew Harper's killers' potential early release.

The scheme exists because of a prison crisis. In 2024, the country faced a “total breakdown of law and order”, judges were ordered to stop jailing dangerous criminals, and the government says it is building prison places at the fastest rate since the Victorian era. The Ministry of Justice says the Act is a “difficult decision” needed to lock up the most dangerous offenders while managing capacity. The case of PC Harper’s killers has highlighted the public anger such policies can provoke. The Police Federation for England and Wales called the possibility of early release “disgusting”.

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For UK readers, this matters because it affects public safety and the justice system’s credibility. If killers of a police officer can be freed early, it raises questions about who else might be released. Prime Minister Andy Burnham said the government will review the policy, and the Justice Secretary will make further statements. But any changes would require a new law, as the scheme is enshrined in the 2026 Sentencing Act.

Q: Who is eligible for early release under the new scheme? Prisoners serving fixed-term sentences who have not committed serious disciplinary breaches can be released after serving half their sentence. Those with less serious offences may be freed after a third. The most dangerous offenders – such as those with life sentences or extended determinate sentences – are excluded.

Q: Why is the government introducing early release? To ease severe prison overcrowding. In 2024, the prison system was in crisis, with judges ordered to stop jailing dangerous criminals. The government says it is building new prisons but needs temporary measures to manage the population.

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Q: What crimes are excluded from early release? Offenders with extended determinate sentences or life sentences are automatically excluded. The government has not yet confirmed whether killers, rapists and paedophiles will be exempt, but the Justice Secretary is reviewing the policy.

What happens next? The Justice Secretary will review the early release policy and make further statements. Any changes to the Sentencing Act would require fresh legislation. The scheme is scheduled to begin in September 2026.

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