Burnham Pauses Prisoner Early-Release Scheme Three Weeks Into Premiership

Prime Minister Andy Burnham has ordered a pause in the early-release scheme for prisoners in England and Wales, barring those convicted of rape, serious child sexual abuse and grooming offences from upcoming changes to sentencing. The intervention means around 1,000 fewer prisoners will be released early than under the previous parameters, the Guardian reported.
The decision came three weeks into Burnham's premiership, following what the BBC described as a largely problem-free first fortnight in Downing Street. Early announcements included a cap on bus fares and an overhaul of social care. The prisons row has been the first significant political turbulence of his tenure, with one long-serving Labour MP telling the BBC that Burnham had "hit bumps in the road".
Burnham became prime minister in early August 2026, Reuters reported, succeeding a government that had already grappled with the same capacity crisis for over two years.
The UK Government announced £100 million in additional funding so that prison leavers are tagged on release, according to an official statement. This forms part of what ministers have described as the biggest-ever expansion of electronic monitoring, with tens of thousands more offenders to be tagged. A pilot launching this month will see offenders tagged before leaving the prison gates rather than days later.
The Lord Chancellor announced changes to the early-release scheme that will come into force in September, giving the Prison and Probation Service time to plan for offenders' release. Under the scheme as it stood, eligible prisoners were automatically released up to 18 days before their scheduled release date, a figure later increased to 35 days. A separate change to automatic release dates means some prisoners will serve 40 per cent of their sentence in prison rather than 50 per cent, with the change reviewed after 18 months.
The overcrowding crisis predates Burnham's premiership by some distance. In 2023, the last Conservative government began releasing prisoners 18 days early because prison space was on the verge of running out. In May 2024, emergency measures were triggered to release some criminals early and delay the start of certain court cases. Days after becoming prime minister in July 2024, Sir Keir Starmer said it was shocking that the country had too many prisoners and not enough prison places, and contemplated a more far-reaching release scheme. His government subsequently passed the Sentencing Act in January 2025, under which several thousand prisoners were to be released early from that autumn, including some convicted of very serious crimes.
Conservative Shadow Home Secretary Chris Philp said the early-release decision was the most important Burnham has made since becoming prime minister and that he got it wrong. The charge carries a particular awkwardness for the Opposition: the underlying capacity crisis, and the policy of releasing prisoners ahead of schedule, originated under the previous Conservative government.
Reuters has separately fact-checked and ruled false the claim that Britain was releasing murderers early, noting that the 2024 early-release scheme was announced more than a fortnight before anti-immigration protests that summer and excludes those convicted of murder.
The broader context here is a criminal justice system operating at the limits of its physical capacity, with successive governments of both parties reaching for variants of the same lever. Burnham's contribution has been to tighten the eligibility criteria rather than to halt the underlying policy. The exclusion of rape, serious child sex and grooming offences narrows the pool of those released, but the fundamental arithmetic of prison places has not changed.
For Westminster watchers, the episode is a reminder that inherited crises tend to become the incumbent's problem very quickly. Burnham's first fortnight allowed him to set the agenda. The third week has required him to respond to it.
It is worth noting the devolved dimension. Criminal justice and prisons are devolved to Scotland and Northern Ireland; the early-release scheme applies to England and Wales only. The tagging expansion and the Sentencing Act's provisions likewise operate within that jurisdictional boundary.


