Key facts
- UK Prime Minister Andy Burnham has revised the early release scheme to exclude individuals convicted of unlawful killing.
- The decision ensures PC Andrew Harper's killers, Albert Bowers and Jessie Cole, will not be eligible for early release.
- Prison governors report a high rate of prisoner recalls due to reoffending or breaching release conditions.
- Overcrowding is leading to safety concerns, increased gang tensions, and the use of single cells for double occupancy.
- The government plans to create additional prison capacity through foreign inmate deportations and releases of those with indefinite sentences.
UK Prime Minister Andy Burnham has announced significant changes to the government's early release scheme, specifically excluding individuals convicted of unlawful killing. This move comes in response to public pressure and the case of PC Andrew Harper's killers, Albert Bowers and Jessie Cole, who will now remain in jail.
Prison governors have expressed serious concerns to the BBC about the current early release scheme, citing a rapid rate of prisoner recalls. They describe a 'revolving door' phenomenon where inmates released to ease overcrowding are returning to prison shortly after for reoffending or breaching their conditions. This churn is reportedly adding to the strain on a prison system already operating at over 97% capacity in England and Wales.
Governors highlighted that short-term solutions are insufficient and that immediate space is needed. They also pointed to staff shortages, which contribute to prisoners not living in safe and decent environments. The increase in licence recalls, up 28% to 51,419 in the year ending March 2026, exacerbates the overcrowding crisis. One governor warned that without intervention, the criminal justice system could grind to a halt.
Overcrowding is also leading to heightened gang tensions within prisons, as individuals from different regions are housed together. The lack of space has resulted in single cells being used for two inmates, creating serious health and safety issues, including shared living and eating spaces in confined areas. This situation is compounded by existing infestation problems.
The government's plans to create more prison space include deporting foreign inmates and releasing some serving indefinite sentences, though their effectiveness in the short term is questioned. The justice secretary is expected to provide further details on the scheme's impact in Parliament.
Beyond unlawful killing convictions, serious child sex offenders, rapists, groomers, and those convicted of indecent assault or death by dangerous driving will also be ineligible for early release under the new provisions, as part of the Sentencing Act.
A 2024 National Audit Office report indicated ongoing risks to prison capacity due to the poor condition of the estate, with a quarter of prison places not meeting fire safety standards. The Ministry of Justice acknowledged the crisis inherited by the current government and outlined plans to build 14,000 new places, expand tagging, and involve victims in setting strict licence conditions.