Burnham seeks to block PC Harper killers' early release

Just three weeks into his tenure as Prime Minister, Andy Burnham is tackling a politically sensitive legacy from his predecessor Keir Starmer: the Sentencing Act 2026, legislation designed to ease England and Wales's severe prison overcrowding crisis by releasing large numbers of prisoners early.

The prison overcrowding crisis

The prison population in England and Wales stood at 86,536 on 10 August — 97% of total capacity. For decades, successive governments have encouraged longer sentences without building sufficient prisons to hold those convicted. The Sentencing Act 2026 was designed to reduce the prison population through earlier releases and fewer custodial sentences.

PC Harper's killers

PC Andrew Harper was killed in 2019, just four weeks after his wedding, when he was dragged to his death by a car driven by teenagers. Three men were convicted of manslaughter. Under the Sentencing Act's provisions, two of them would be eligible for early release — a prospect that has drawn fierce public and political opposition.

Burnham announced he would exclude most rapists, child sex offenders and members of grooming gangs from the legislation. But manslaughter convictions were not initially excluded, leaving PC Harper's family outraged.

Burnham's options

The Prime Minister says he is now increasingly confident of finding a way to prevent the early release of these and other serious offenders. Options under consideration include amending the legislation's definitions, creating new categories of excluded offenders, or using other statutory powers. Previous governments had examined similar exclusions but rejected them for legal or practical reasons.

Burnham faces the difficult balance of needing to reduce prison overcrowding — a genuine public safety risk if prisons become completely full — while also responding to public demands that violent criminals serve their full sentences. The debate reflects broader tensions in UK criminal justice policy.