Burnham blocks early release for PC Andrew Harper's killers
Prime Minister Andy Burnham has expanded the UK's early prison release scheme so anyone convicted of unlawful killing—including all forms of manslaughter—will stay behind bars. That means Jessie Cole and Albert Bowers, convicted over PC Andrew Harper's 2019 death, will not have their 13-year sentences shortened under the overcrowding plan.
Key Takeaways
- Anyone convicted of unlawful killing, including all manslaughter offences, is now excluded from early release.
- PC Andrew Harper's killers Jessie Cole and Albert Bowers will remain in prison rather than benefiting from the Sentencing Act scheme.
- Hundreds more inmates will stay behind bars in a system already running at 97–98% capacity.
- Space will be created partly by releasing some prisoners on indefinite IPP sentences and deporting foreign offenders.
- More than 30 bereaved families, including the mother of Nottingham attacks victim Barnaby Webber, had urged the government to act.
Why did Andy Burnham change the early release scheme?
Andy Burnham told BBC Breakfast on 30 August 2026 that he had "heard" what Andrew Harper's family were saying and understood "how strongly people feel about this issue." The prime minister said he wanted to go further but had "pushed the system to the very limits of what's possible without risking the prison system collapsing within months."
The early release scheme was designed to ease overcrowding in England and Wales prisons, where ministers warned cells for newly arrested offenders could run out without intervention. Burnham had previously ordered a review after intense campaigning from Harper's family, former colleagues and more than 50 police leaders.
Under the revised rules, offenders serving time for indecent assault will also remain locked up alongside those convicted of manslaughter and death by dangerous driving. Murder, rape and serious child sexual abuse were already excluded.
Who were PC Andrew Harper's killers?
PC Andrew Harper was 28 when he sustained fatal injuries while responding to a quad bike theft in Sulhamstead, Berkshire, in August 2019. Passengers Jessie Cole and Albert Bowers, both 17 at the time, were sentenced to 13 years in custody for manslaughter.
They may have been eligible for early release under the new Sentencing Act before Burnham's intervention. Harper's mother told BBC Breakfast the government's earlier handling of the situation had been a "hash," while Downing Street decided a single major announcement would give victims certainty rather than leaking details to the media.
What will it cost to keep more prisoners behind bars?
Burnham acknowledged the change means "hundreds" more people will stay in prison. The adult male estate was already running at 98% capacity, and government sources concede that in the short term prisons may become even fuller.
Extra capacity is expected from deporting foreign prisoners, releasing some inmates serving imprisonment for public protection (IPP) sentences, and retrofitting existing prisons to create new cells. None of these are quick fixes: ending IPPs requires legislation that may take years, deportations can stall—as with grooming gang ringleader Shabir Ahmed—and retrofitting is expected to take months.
The domestic abuse commissioner said on Sunday she remained "deeply concerned about the number of abusers" still set to be freed. Whitehall sources told the BBC there will be no further exemptions beyond those announced.
Will other manslaughter cases be affected too?
More than 30 families affected by homicide wrote to Justice Secretary Alex Norris calling for all forms of manslaughter to be excluded, not just unlawful act manslaughter. Signatories include Emma Webber, whose son Barnaby Webber was killed in the 2023 Nottingham attacks.
Burnham said the government would introduce the "toughest ever supervision measures" for released offenders, including tagging and restriction zones. For more on high-profile UK cases, see our True Crime & Unsolved Mysteries coverage. Full details of the scheme were reported by the Guardian.