Andy Burnham has been cautioned that modifying the terms of the prisoner early release scheme to ensure PC Andrew Harper's killers remain incarcerated would lead to another series of early releases before the next general election. Prison Service officials have informed Downing Street that creating an exemption for those convicted of manslaughter, including Jessie Cole and Albert Bowers, would necessitate additional early releases within 18 months.
Downing Street stated on Monday that the prime minister had "pushed hard on what more we could do" but found it impossible to exempt specific offenders, as manslaughter of an emergency worker is not a distinct offence. Instead, blocking the release of Cole and Bowers would affect all offenders with a manslaughter conviction. The government intends to release 5,000 prisoners early over a 10-month period starting in October to create space, with Harper's killers scheduled for release in January.
A Whitehall source indicated that blocking the early release of Cole and Bowers could delay the release of at least 500 other offenders also convicted of manslaughter. Ministers have been advised that attempting to create exclusions for Cole and Bowers without applying them to others convicted of manslaughter risks a legal challenge. Nick Hardwick, a former chief inspector of prisons, expressed unease at the suggestion of the government drawing up exemptions to satisfy public outcry, stating it "could well be an example of 'hard cases making bad law'."