How can Andy Burnham stop PC Harper's killers being released early?

Prime Minister Andy Burnham is reshuffling a crucial piece of legislation from his predecessor, Sir Keir Starmer's tenure. The Sentencing Act 2026 aimed to alleviate the prison overcrowding problem by releasing a larger number of inmates earlier than originally intended. However, Burnham has decided to exempt most rapists, child sex offenders, and members of grooming gangs from the legislation.

This decision has sparked outrage among the families of victims, particularly those of PC Andrew Harper, whose killers are being considered for early release.

Burnham now expresses growing confidence in his ability to prevent the early release of other serious offenders, including the killers of PC Harper. To achieve this, he needs to explore alternative options that have been previously rejected. The prison population in England and Wales reached 86,536 on the 10th of August, which is 97% of the total capacity.

Historically, politicians have been advocating for longer sentences, but insufficient prison space has been constructed to accommodate them. When prisons become overcrowded, courts are unable to sentence violent offenders, and convicted individuals are released instead of being held in custody before their trials.

Burnham seeks a more targeted approach to release additional prison spaces, as the current situation poses a significant challenge. In the UK, 4% of prisoners are women, primarily convicted of non-violent crimes. More than 2,000 female inmates could potentially be released, but closing and reopening women's prisons presents logistical difficulties, such as relocating inmates far from their families, and decreasing security.

Deporting foreign prisoners before completing their sentences could also alleviate the prison population. The Sentencing Act 2026 includes a clause enabling foreign nationals to be deported at the time of sentencing, yet this option may be politically unpalatable, particularly when dealing with violent or sex offenders. Lastly, the controversial Imprisonment for Public Protection (IPP) sentences could be targeted for early release, as these sentences were introduced by Lord Blunkett in 2005 but were abolished in 2012.

IPP prisoners are at risk of long-term detention without proper assessment of their reformation potential. Burnham's aim is to free up additional prison spaces, allowing for the exclusion of specific categories of prisoners – such as those convicted of manslaughter – from early release, potentially including PC Harper's killers.