Key facts
- A union representing probation officers has stated that Andy Burnham's review of early release plans has created "a sense of chaos" within the Prison Service.
- Up to 6,000 prisoners are set to be released early from September 2 under the Sentencing Act 2026.
- The Sentencing Act 2026 replaces automatic halfway release with a behavior-based system, allowing most prisoners to be released after serving a third of their sentence.
- Prisoners serving time for sexual or violent offenses may be eligible for release at the halfway point.
- The mother of murdered police officer Andrew Harper stated the potential early release of her son's killers is "another letdown."
- Burnham confirmed that Henry Long, the main perpetrator in the Andrew Harper case, will not be subject to early release.
A pledge by Andy Burnham to review early release plans has reportedly created "a sense of chaos" within the Prison Service, according to the Napo probation union. Insiders confirmed the prime minister is examining potential exemptions to the law that would free up to 6,000 prisoners from September 2.
The Sentencing Act 2026 introduces an "earned progression model," allowing most prisoners to be released after serving a third of their sentence, with the remainder served under supervision in the community via electronic tagging. This contrasts with previous automatic halfway release for standard determinate sentences. Prisoners serving time for sexual or violent offenses, where the automatic release stage is typically two-thirds, could become eligible at the halfway point if they have not committed serious breaches of prison rules.
Napo national officer Tania Bassett stated that prison managers have not provided clear direction on how to proceed with the review, causing worry for staff undertaking extensive pre-release work. This work, which usually takes six to eight weeks, includes risk assessments, accommodation referrals, home visits, and coordinating with victim liaison officers. The union official warned that established release plans could collapse without "imminent, concrete direction."
The mother of murdered police officer Andrew Harper, whose killers Jessie Cole and Albert Bowers may be eligible for early release, called the situation "another letdown." Burnham confirmed that Henry Long, the main perpetrator in the case, will not be subject to early release. Mark Fairhurst, national chair of the POA union for prison officers, urged a rethink of the policy to allow exemptions for serious offenders, suggesting that those convicted of less serious crimes could be released to free up capacity.
Chief Secretary to the Treasury Emma Reynolds indicated that Burnham and the justice secretary will provide further clarity on the policy's implementation in the coming weeks.