New Prime Minister Andy Burnham Pledges to Look Again at Early Prison Release

Prime Minister Andy Burnham has said he will review a policy that lets prisoners out early, tackling one of the most sensitive issues he inherited on only his second day in office. Speaking to reporters in Bath on 22 July 2026, Burnham said he could not promise to scrap the scheme but committed to examining it in detail alongside the Justice Secretary, Shabana Mahmood (BBC News).
"I can't say that I can change the policy completely, but I will look at it in detail before we go further forward," Burnham said. He added: "I want to assure myself that everything has been looked at before this policy proceeds" (BBC News).
The scheme has been running since September 2024, when tens of thousands of inmates were released early because prisons were too full. The legal basis is the Sentencing Act, passed by Sir Keir Starmer's government earlier in 2026, which allows certain offenders to spend less of their sentence behind bars (BBC News).
Burnham acknowledged the pressures behind the policy, saying there was "pressure on prisons places" and that past failure to invest in prisons had created "an unacceptable situation" (BBC News).
The policy became politically charged because of the case of Jessie Cole and Albert Bowers, sentenced to 13 years for the manslaughter of police officer Andrew Harper. Both could be released early under the scheme. Harper's mother said the prospect felt like an "insult" (BBC News).
Burnham's first 48 hours as Prime Minister were further complicated by a video clip of him and Justice Secretary Mahmood discussing early release, which drew controversy. In the footage, Mahmood replied "No, he's not" when asked whether a particular offender was being released early (SMH).
The issue had already been causing trouble for Labour figures before Burnham took office. Wes Streeting apologised after his comments about the policy were caught on a microphone he did not realise was on (BBC News).
Burnham was also asked about reports that he is considering exempting rapists and child groomers from the early release scheme. The BBC reported the exchange but Burnham's response has not been detailed publicly (BBC News).
The broader context here is a prison system under real strain. Prisons in England and Wales have been short of space for years, and the Sentencing Act was the previous government's way of dealing with that problem. Starmer's administration said early release was a necessity, not a choice, because of years of underinvestment. Burnham's language in Bath accepts that view while signalling he wants to check whether the current scheme is fair and workable.
For those watching Westminster closely, a few things stand out. Burnham's promise to review the scheme, paired with his admission that he cannot "change the policy completely," buys him time without committing to real change. The video controversy, though separate from the policy itself, keeps the issue in the headlines when a new prime minister would rather be talking about other things.
The Harper case shows the biggest political risk: that people convicted of serious violent crimes become the examples by which the public judges the scheme. The reports about possible exemptions for rapists and child groomers suggest the government is aware of this risk, though nothing has been confirmed. One key question is whether any exemption would apply across the whole UK or only in England and Wales, because sentencing law there is set by Westminster, while Scotland and Northern Ireland run their own systems.


