Early release scheme could see dangerous criminals released, Conservatives warn

Dangerous criminals could be freed under the government's early release scheme for England and Wales, the Conservatives have warned.

Shadow justice secretary Nick Timothy told the BBC that to prevent one group of dangerous criminals being released early, Andy Burnham was "looking at releasing a different group of dangerous prisoners".

The prime minister said at the weekend anyone convicted of manslaughter would be excluded from the early prisoner release scheme, following a campaign from PC Andrew Harper's family to block the release of two men convicted over his killing in 2019.

He said prison space would be found by releasing some inmates serving indefinite sentences, known as IPPs as well as by deporting foreign prisoners.

On Monday Victims Minister Alex Davies-Jones told the BBC: "We will do nothing that would risk the public or put the public at danger."

Under the early release scheme some 4,500 prisoners are now expected to start being released in tranches from October to ease overcrowding in jails.

The numbers due to be released has been reduced after the government said rapists, those found guilty of serious child sex offences and grooming offences and now those found guilty of manslaughter would be excluded from the scheme.

Given that fewer prisoners will now be released than initially expected this has a knock-on effect on prison capacity.

Timothy said releasing prisoners serving indefinite sentences under imprisonment for public protection sentences posed its own risk.

IPPs were given to offenders between 2005 and 2012 considered to pose a significant risk of causing serious harm to the public.

They were given an indefinite sentence where once a minimum term has been served, they could only be released once the Parole Board was satisfied they no longer need to be confined for public safety, meaning many are still being held indefinitely.

Timothy told the BBC: "By definition, the people who are still in prison on those sentences are dangerous, because they've all been considered by independent expert assessors who have concluded that they are not safe to release and they would be a danger to the public."

He accepted not enough prisons had been built under the previous Conservative government.

Indefinite prison sentences have been handed out in several high-profile cases, including to Tracey Connelly, the mother of Baby P, who was jailed in 2009 after admitting causing or allowing the death of her one-year-old son Peter.

There were 2,271 people serving IPPs, according to Ministry of Justice (MoJ) data up to June of this year.

Of those, 856 have never been released because the Parole Board thought it was not safe to do so. Ending indefinite sentences for those still serving them would require new legislation, meaning it could be years before space is freed up.

But Davies-Jones told BBC Radio 4's Today programme: "The government's number one priority is to keep the public safe and in order to do that we need a functioning criminal justice system."

She defended the government's decision to look at indefinite sentences as part of ensuring there were enough prison spaces.

"We need to look at every case on its merits individually, and pass the appropriate legislation and we will do that responsibly and we will take our time to get it right," she added.

She said those released would still be monitored.

The prime minister told the BBC at the weekend that the government would table legislation to terminate IPPs by the end of this Parliament.

He conceded that of those offenders, there would be "individuals who would "pose a risk to communities", and a cross-party oversight group would be established.

On the impact of changes to the early release scheme, Davies-Jones told the BBC: "We will have capacity within the system with those numbers but it will be run very tight."

She said plans to deport foreign nationals on sentencing and to re-purpose women's prisons would help tackle overcrowding.

"Our plan is to deport [foreign nationals] on sentencing so that they don't serve a day at his Majesty's and at the taxpayers pleasure."

Asked if these offenders would serve sentences for their crimes once deported, she said "that would be for the determination of their country of origin".

On 3 August, the prison population in England and Wales was 86,495, around 97% of useable capacity.

This early release scheme was introduced under the Sentencing Act 2026. It was designed to address the overcrowding crisis in prisons in England and Wales - which are more than 97% full - by releasing large numbers of inmates earlier than had been previously planned.

As well as manslaughter, those sentenced for rape, serious child sex and grooming offences are also not be eligible for early release.

Speaking to BBC Breakfast on Sunday, Burnham acknowledged that his decision to narrow the early release scheme's scope and keep PC Harper's killers in prison would mean that "hundreds" more people would remain behind bars and additional space would need to be found.

But the prime minister said he had applied "common sense" on the treatment of IPPs, which he had "long-standing concerns" about.

"I was faced with a situation where people on those sentences who have more than served their time, not being released when others who've committed very serious crimes being released early," he said.

On Tuesday, Justice Secretary Alex Norris is expected update Parliament with further details on the changes to the early release scheme, including how many people will be affected.