Why Some of PC Andrew Harper's Killers Could Be Released Early

Two of the three men jailed for the manslaughter of PC Andrew Harper could be released early next year under a government scheme designed to ease prison overcrowding.

The scheme, brought in by the Burnham government, lets certain prisoners go free earlier than before. Instead of serving half or more of their sentence behind bars, some can now be released after serving just a third. Ministers have said prison spaces might run out as soon as October, with prisons almost completely full BBC News.

PC Andrew Harper, 28, from Wallingford, Oxfordshire, died in 2019. He was dragged behind a getaway car after three teenagers fled the scene of a quad bike theft in Berkshire. Henry Long, who drove the car, received a 16-year sentence and cannot be considered for early release. His co-defendants, Cole and Bowers, received shorter sentences and fall within the scheme's scope as it currently stands BBC News.

Thames Valley Police and Crime Commissioner Matthew Barber has called on the government to take emergency action to stop the early release of Harper's killers, saying the government had failed to act Thames Valley PCC. In August 2026, Thames Valley police leaders continued to pressure the government, warning that Cole and Bowers should not be freed early Thames Valley PCC.

Justice Secretary Alex Norris apologised to families affected by the early release scheme, saying they were "carrying the can" BBC News.

The problem for ministers is that the scheme works in a blunt way. When the government introduced it, it excluded people convicted of some serious crimes. But manslaughter was not on that list. If ministers now said no one convicted of manslaughter could be released early, that would affect every prisoner serving time for that offence, not just Harper's killers. It is not clear how the government will stop Cole and Bowers from being treated like any other prisoner with a similar sentence BBC News.

Prime Minister Andy Burnham has been warned that changing the scheme specifically to keep Harper's killers behind bars could carry negative consequences The Guardian. What those consequences might be has not been set out publicly.

The Harper case is not the only pressure point. Last week, Burnham ordered an urgent review to identify any grooming gang members who might be eligible for early release. The government has not confirmed whether the review will lead to any releases being blocked BBC News.

The broader context here is that the scheme was built in a hurry because prisons were running out of space, and that rush left it with a built-in weakness. The scheme lets prisoners out by category of offence. Either a type of crime is excluded in law, or everyone convicted of it benefits. There is no middle option that would let ministers block a specific prisoner's release while keeping the scheme working for everyone else.

The political calculation is unenviable. Each high-profile case that surfaces makes it harder to defend leaving certain offences in the scheme. But every time a category of crime is excluded, fewer prisoners are released early, and the October deadline for running out of space gets closer. The grooming gang review and the Harper situation are the same problem at different scales: how to release prisoners across the board without freeing the ones the public most wants kept inside.

The government could try to change the law to add manslaughter to the list of excluded offences, or it could rely on ministers using their own judgement within the existing rules. Neither option is straightforward. Changing the law takes time the October deadline may not allow. Using ministerial judgement, if the law does not clearly permit it, could be challenged in court through a process called judicial review, where a judge decides whether a government decision was lawful.

The Ministry of Justice has not said which approach it prefers. The current scheme treats Cole and Bowers like any other prisoner with comparable sentences, and the government has not yet explained how it will stop that from happening.

Prison policy is decided at Westminster, so these decisions apply across England and Wales. The overcrowding crisis is shared across both countries, even though the political fallout from individual cases lands locally, in this case in Thames Valley.