Prime Minister Andy Burnham has said rape, serious child sex offences, and grooming are to be excluded from upcoming cuts to prison sentences.
It comes after Burnham paused plans to release prisoners early in September to ease overcrowding in jails.
The scheme will now be delayed until October.
Burnham said he “wanted to go even further”, but that it is not possible without the prison system collapsing and putting the public “at much greater risk”.
However, the widow of PC Andrew Harper, who was killed in the line of duty in 2019, said she was “disgusted” that her husband’s killers had not been excluded from early release.
The head of Thames Valley Police said he was “beyond disappointed” that two of the men jailed over the constable’s death would be eligible for early release.
The PM assured the public that offenders will face tighter community supervision, including new GPS monitoring for rapists to restrict their movements.
“Keeping the public safe is my top priority. That’s why I asked for an urgent review of the prisoner release scheme, Burnham said. “I fully understand the anger, anxiety and distress that’s been caused. I’ve heard that loud and clear.
“That’s why we’re making significant changes: offenders who have been sentenced for rape, serious child sex offences and other grooming offences will be excluded from the changes.
“I want to be honest – I wanted to go even further, as I know there will still be concerns about other offenders having their sentence shortened.
“But it’s not possible without the prison system reaching capacity and collapsing, which would put public safety at much greater risk. That’s why we will also be introducing much tougher community measures.
“There will be a presumption that all offenders are tagged, longer periods of supervision and tough new rules, including restriction zones for offenders.”
Under changes in the Sentencing Act, some 6,000 offenders were set to be let out of prison in September after serving a third of their sentence, as opposed to half, in a bid to ease prison overcrowding.
Prisoners serving longer sentences of four years or more would be eligible for release at the halfway point of their term, rather than at two-thirds as had previously been the case.
The changes were due to be phased in, beginning with prisoners serving sentences of less than 575 days, going up to inmates jailed for 12 years or more being eligible for early release in June next year.
The government has said that, after listening to victims’ concerns, rapists and child sexual offenders will not be eligible for the sentencing changes.
These will be added to the exclusions already in place for 18,000 offenders, including those who have been found by a court to be the most dangerous or anyone serving a life sentence.
However, this does not appear to have ruled out the killers of PC Harper, who was 28 years old when he sustained fatal injuries while responding to a quad bike theft in Sulhamstead, Berkshire, in August 2019.
He died after getting caught in a strap attached to the back of a car and dragged down a country road as three teenage suspects fled the scene of the burglary.
Last month, the Ministry of Justice (MoJ) confirmed that both men might be eligible to be released from prison halfway through their sentences – igniting a national outcry and prompting the government to pause the early release scheme.
Widow Lissie Harper said: “This is disgusting. I am beyond appalled and bristling with anger to hear that Andrew’s killers are soon to be free to roam the streets.
“What abhorrent message does this send? How dare ministers say the killing of a police officer is not enough of a ‘sickening crime’ that deserves the stiffest of punishments?
“The level of disrespect the Government are showing to Andrew and other victims – and to their loved ones such as me – is beyond contempt.”
She said releasing Andrew’s killers early would be “an affront to justice” and “an utter betrayal”.
Thames Valley Police Chief Constable Jason Hogg said: “I am beyond disappointed the Government is continuing to allow Pc Andrew Harper’s killers to be released early from prison despite the overwhelming recent public outcry.
“It is simple: if Andrew’s killers were convicted today, they would receive life sentences due to the law that was created in his name. They would not be eligible for early release.
“This decision is demoralising for all police officers and our fellow emergency service workers, not just in the Thames Valley, that put themselves in harm’s way to protect and serve their community.
“We stand with Andrew’s family, the Police Federation, our police and crime commissioner in our dismay and we will continue to lobby the Government to make the right decision.”
The Victims’ Commissioner for England and Wales, Claire Waxman, said that early release plans have “been a source of shock, distress and uncertainty for victims” and that many have been let down by “poor communication”.
On the new exclusions, she said: “While this will be well received by some victims, most will not fall within those categories, and exclusions alone cannot guarantee victim or public safety.
“Effective risk management, meaningful licence conditions, proper supervision and timely, trauma-informed communication and support remain critical.”
The government has also announced a new package of victim support, backed by £10 million, to provide better trauma-informed contact.
A new national helpline will also be established and efforts made to contact all affected victims to offer information and support.
Burnham added: “As a country, we haven’t invested in the prison estate when we should have, going back over a decade. This has created an unacceptable situation, with our adult male prisons now at 98% capacity.
“For too long, the problems facing our prison system have been ignored – and it’s the victims who have been paying the price. That is not good enough.
“My government will deliver the fastest prison building programme since the Victorian era and do what’s necessary to fix the prison crisis.”
Labour aims to have 14,000 new prison places by 2031.
Burnham has also asked Justice Secretary Alex Norris to look at how the UK can remove foreign offenders faster and in greater numbers, review outdated Imprisonment for Public Protection (IPP) sentences and free up space in women’s prisons.
Norris said: “The prime minister and I have reviewed these reforms, listened to the concerns and gone further to protect victims.
“These are decisions no minister would ever want to take, but it is right these sickening crimes are excluded from these reforms.
“Victims will also have access to better support and reassurance that offenders leaving prison face tougher supervision and punishment.”
Wider releases under the Sentencing Act have been delayed from September to October, giving probation staff time to plan for releases and to ensure victims can have a say in restrictions placed on offenders.
The changes also introduce a new progression model which will end automatic release for badly behaved offenders. Those who break the rules or are violent behind bars face spending 100% of their sentence locked up.
Shadow justice secretary Nick Timothy said: “Labour whipped their MPs to vote to let rapists, paedophiles, and grooming gang perpetrators out of prison early.
“Now they admit the Conservative campaign to stop this was right – this is a victory for victims.
“But their U-turn doesn’t go far enough. Some child sex offenders and killers, like those responsible for the death of Pc Harper, will still be released early. And the trauma of victims being told their abusers may be released can’t be undone.
“One of Andy Burnham’s first acts as prime minister will be to let thousands of criminals – including killers and paedophiles – out early.”
The Victims’ Commissioner for England and Wales, Claire Waxman, said that early release plans have “been a source of shock, distress and uncertainty for victims” and that many have been let down by “poor communication”.
On the exclusions for rape and serious child sex offences, she said: “While this will be well received by some victims, most will not fall within those categories, and exclusions alone cannot guarantee victim or public safety.
“Effective risk management, meaningful licence conditions, proper supervision and timely, trauma-informed communication and support remain critical.”
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