Early prison release 'least worst option’ insists Pat McFadden amid claims Pc Andrew Harper’s killers ‘to remain behind bars’
Those convicted of a certain type of manslaughter are said to no longer be eligible for early release, including Albert Bowers and Jessie Cole
The early release of prisoners remains the 'least worst option’ when it comes to tackling prison overcrowding, Pat McFadden has insisted, as it emerged PC Andrew Harper’s killers are set 'to be excluded from early release scheme’.
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Speaking with Tom Swarbrick, the Secretary of State for Work and Pensions told LBC that "no one has wanted to be in the position of having to do these early releases".
It comes amid suggestions that those convicted of a certain type of manslaughter will no longer be eligible for early release, including Albert Bowers and Jessie Cole, following widespread pushback.
Describing a "system on verge of collapse", Mr McFadden said the decision to release prisoners early "was the least worst option" when it comes to managing the prisons crisis.
"The worst option, if we didn't do something, was people couldn't be arrested because there'd be nowhere to put them. So ministers have been put in a very difficult position.
"It's horrible for families and victims, and we've been looking at every way we can to manage that," he continued.
Read more: Pc Andrew Harper killers to be denied early release as Burnham seeks law change over scheme
"Nobody wants to be in a position where people who've committed appalling crimes are released early," Mr McFadden continued, "but our system is in trouble."
Andy Burnham previously pledged to do “everything possible” to ensure the pair were not freed from prison early, following widespread condemnation of the scheme.
However, the Prime Minister declined to confirm this particular change relating to “unlawful act” manslaughter earlier this month, telling reporters it was “speculation”.
"We haven't built enough places," McFadden admitted. "Only about 500 were built net in the course of the last government. We're trying to build more now, thousands more."
"It doesn't happen overnight, but we have to do that to get out of the pattern that we've been in in recent years."
Burnham ordered a review of the scheme, which is being undertaken by Justice Secretary Alex Norris and is set to be published when Parliament returns from summer recess in September.
Mr Norris was asked by Mr Burnham “to develop a plan to maximise public safety and minimise the early release of prisoners”.
Bowers and Cole, two of Pc Harper’s three killers, were passengers in the car that dragged the police officer down a country road after he got caught in a strap attached to the vehicle as they fled the scene of a quad bike theft in Sulhamstead, Berkshire, in 2019.
Under the scheme’s current rules, they would be released next year, halfway through their 13-year sentences.
Labour’s early release scheme started in September 2024 with the aim of easing overcrowding in jails.
It allows certain prisoners to be released after serving 40% of their fixed-term sentence, rather than the usual 50%.
The 2026 Sentencing Act, which became law earlier this year, allows for an expansion of the early release scheme by reducing the threshold from 40% of a fixed-term sentence to a third.
Since becoming Prime Minister, Mr Burnham has excluded rapists and child sex offenders from being eligible for the scheme.
Unlawful act manslaughter is when a person causes the death of another while committing a separate illegal act.
A Government spokesperson said: “The death of Pc Andrew Harper was a horrific crime.
“Our thoughts are with his family and friends, and we share the anger from the police community that we are in this position.
“The Prime Minister has asked the Justice Secretary to work through further options to keep a greater number of the most serious offenders in prison, including the killers of Pc Harper.
“Thanks to tireless campaigning by Andrew’s family, Harper’s Law means that anyone convicted of killing an emergency worker whilst committing a crime now gets a mandatory life sentence.
“This Government has gone further by introducing a presumption that anyone convicted of murdering a police, prison or probation officer is handed a whole-life order.”