Summary

  • The justice secretary says there would be a "prison capacity crisis" if the government restricted further those eligible for early release in England and Wales

  • The mother of PC Harper - who was killed on duty in 2019 - says she is "devastated" his killers will still be eligible for early release, despite the government changing the policy

  • After a review, ordered when it emerged Harper's killers could be released early, ministers announced last night those guilty of rape, serious child sex offences and grooming will be excluded from the new policy

  • But it means PC Harper's killers, found guilty of manslaughter, will still be eligible to be released next year

  • Under the policy, due to begin in October, thousands of prisoners in England and Wales will be eligible to be released part way through their sentences - here's a quick guide

  • Changing the act at a "very late stage" puts further pressure on prison staff, the Prison Governors' Association warns

  1. BBC Verify

    Large rise in offenders sent back to prison, figures showpublished at 10:02 BST

    Wandsworth Prison in south-west LondonImage source, EPA

    By Tom Edgington and Harriet Agerholm

    Figures released last week show there has been a large rise in the number of offenders being recalled to prisons in England and Wales having been released on licence.

    There were 51,419 licence recalls in the year ending March 2026, up from 40,259 in the previous year - a 28% increase.

    Although recalls in January to March 2026 were slightly lower than the previous three-month period, they remain well above historical levels.

    The increase in prisoner recalls comes after the government introduced an early release scheme in England and Wales to help ease overcrowding pressure in September 2024.

    The scheme meant eligible prisoners could be released after serving 40% of certain sentences rather than half.

    As of March 2026, 70,066 people had been released, external under the scheme.

    The Ministry of Justice (MoJ) said offenders released on licence face strict conditions "and can be hauled back to prison if they break these rules".

  2. 'I understand there's a crisis but my grief is not being reduced'published at 09:45 BST

    Calvin Buckley, a man with close cropped hair, wears a shirt sitting on the BBC Breakfast set

    Calvin Buckley, whose partner Frankie Jules-Hough and unborn child died when she was hit by a motorist in May 2023, says he is "shocked and disappointed" that the killer could be released early under the scheme.

    He tells BBC Breakfast that he hoped people convicted of death by dangerous driving would be exempted alongside murders and other serious offences, but that is not the case.

    "To kill somebody and have your sentence reduced, is not right," he says.

    For context: Prisoners who committed rape, grooming, and serious child sex offences will now be excluded from the early release scheme.

    Buckley appealed against the initial sentence given to driver Adil Iqbal as unduly lenient, which was then increased from 12 to 15 years, with a commitment that the perpetrator would serve two thirds of that.

    But now he fears the offender will be released after serving half the sentence and actually spend less time behind bars than before the sentence was increased.

    "Our justice is being taken away, I understand there's a crisis, I agree that it needs to be addressed, but not at the expense of victims. My grief is not being reduced."

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  3. Early release scheme 'feels like an injustice' for victims, says commissionerpublished at 09:34 BST

    Woman with blonde hair, in a black blouse, sat in front of a TV gallery

    Victims and their families have been sent into a state of shock by the early release scheme, the victims' commissioner for England and Wales tells BBC Breakfast.

    Claire Waxman says she welcomes the changes to the plans, which excludes prisoners who committed rape, grooming, and serious child sex offences, but those exemptions don't go far enough.

    Waxman says she has spoken to victims since the announcement of the scheme and says the news "re-traumatised them".

    "For many it feels like an injustice," she adds.

    Waxman calls for more support for victims who will see the perpetrator in their case released early and for the prime minister to show "proper leadership across the criminal justice system" to place reform high up the political agenda.

    She says that successive governments have failed victims over the years by mismanaging and under funding the criminal justice system and it's "victims that pay the price".

  4. 'No happy solutions' to prison overcrowding, says former prison governorpublished at 09:15 BST

    Pia Sinha sits in a room with white walls while wearing glasses. There are two paintings hung on the wall behind her, one green and another purple.

    The chief executive of the Prison Reform Trust charity has said there are "no happy solutions" to the issue of overcrowding in prisons, adding that previous legislation was created to avoid the problem.

    Pia Sinha tells Radio 4’s Today programme: "If we keep adding exceptions and exemptions to that, we will diminish the number of people that can be released and we will be back within months to another capacity crisis."

    The former prison governor also says that while the custodial part of prisoners' sentences may end, they will continue to serve community sentences under "very strict conditions".

    When asked about Prime Minister Andy Burnham considering releasing more women from jail and using those places for male prisoners, Sinha says closing a women's prison "isn't really a simple option" to tackle the issue.

  5. We would have prison capacity crisis if scheme revised further - justice ministerpublished at 08:48 BST

    Alex Norris sits in a dark suit and dark red tie while wearing headphones and sitting behind a microphone. The backdrop for Radio 4's Today programme is behind him.

    Justice Secretary Alex Norris has also been speaking to Radio 4's Today programme this morning.

    He says the government is directly engaging with families of victims following the change to the early release scheme so "they can live their life fully".

    The justice secretary says approximately 1,000 prisoners will now not be released early following the revision to the scheme, adding there is "no doubt" he and others wanted to "go further".

    "If we drew it any wider we would have a prison capacity crisis," Norris says.

    Norris adds that this is the "first time" there has been a long term grip on the prison system to prevent ministers taking emergency action in the future, and mentions the government's scheme to build more prison places and changes to sentencing.

  6. Changes to sentencing act 'putting huge pressure on prison and probation staff', says unionpublished at 08:31 BST

    A prison guard stands in a narrow prison corridor with green doorsImage source, PA Media

    Following the new exclusions to the sentencing act, the Prison Governors' Association (PGA) union warns that it is now "unclear" how many people will have their sentences changed.

    "We don’t know if it is tens, hundreds or thousands that will be excluded from the so called 'progression model'", the group says in a statement.

    Speaking to Radio 4's Today programme, Justice Secretary Alex Norris says approximately 1,000 prisoners will now not be released early following the revision to the scheme.

    Changing the sentencing act "at a very late stage" is "putting huge pressure on prison and probation staff" to identify prisoners who will be excluded and recalculate their sentences, the PGA adds.

    "This pressure, when the work has already been done once and many staff will be away on holiday, makes mistakes more likely."

    PGA president Tom Wheatley adds that the government needs to focus on a "long term, sustainable approach" to extending prison capacity, including by building more prisons and investing in existing infrastructure.

    They needs to "decide on a direction and stick to it", he adds.

  7. Family of murdered toddler says 'letting serious offenders onto streets is not the answer'published at 08:16 BST

    Two year old Maya Chappell, who died in 2022 after being violently shaken by her mother's boyfriend, Michael Daymond.
    Image caption,

    Maya Chappell died in 2022 after being violently shaken by her mother's boyfriend

    Gemma Chappell is the great-aunt of two-year-old Maya Chappell, who died in 2022 after being violently shaken by her mother's boyfriend, Michael Daymond.

    Michael Daymond was sentenced to life imprisonment with a minimum of 20 years for the two-year-old's murder. He was never eligible for release under the sentencing act, which excludes some of the most serious and dangerous offenders, such as murderers serving life sentences.

    Gemma tells Radio 4's Today programme that Maya's mother Dana Carr, who was sentenced to nine years in jail after being found guilty of child cruelty by neglect, "turned a blind eye" to Daymond abusing the two-year-old.

    The former prison officer says she welcomes the decision to exclude prisoners who committed rape and serious child sex offences from the early release scheme, describing it as the "right decision", but feels the changes have not gone far enough.

    She says she is aware something needs to be done about overcrowding in prisons, but that it is "ridiculous" offenders such as Carr could be released early under the scheme: "Letting serious offenders out onto our streets is not that answer."

  8. Released prisoners won't wander around scot-free, says ministerpublished at 07:58 BST

    On BBC Breakfast, Justice Secretary Alex Norris is pressed on how effective probation services are, given the number of offenders recalled to prison has increased by 28% on the previous year.

    Norris says he wants to stress that people leaving prison early are not doing so under "bog standard licensing conditions".

    "That middle phase of their sentence is not going to be wandering round scot-free," he says, adding that they will have "very significant controls on their lives".

    He says the government will be talking to victims and families about what controls they want to see put in place.

    Norris says that without the sentencing act changes, there would be no prison places available by this October due to overcrowding.

    Prisoners recalled to prison chart - details to follow
  9. Justice minister: 'We would like to have gone further, but we cannot'published at 07:51 BST

    Alex Norris sits in a dark suit and dark red tie in front of the backdrop for BBC Breakfast

    The justice secretary says 5,000 prisoners in England and Wales will be released earlier than planned as part of the revised scheme, which he describes as a "manageable load".

    Alex Norris says he recognises the "anger and upset" from individuals such as the mother of PC Harper, and this "should not be a position" that the police officer's family find themselves in.

    Norris says the government is trying to avoid running out of prison spaces as soon as October this year - and points out prisoners who committed rape, grooming, and serious child sex offences will be excluded from the scheme.

    "We would like to have gone further than that, but we cannot I'm afraid," he adds.

  10. 'Andrew deserves better than this and so do we'published at 07:46 BST

    Woman with blonde hair in a conservatory

    Debbie Adlam, Andrew Harper's mother, has just spoken to BBC Breakfast, after earlier speaking to Newsnight.

    "Andrew deserves better than this and so do we," she says.

    She says her family don't know how the release, now due next year, will affect them emotionally - and she is worried how she will cope.

    "It's a horrible place to be," she says.

  11. 'Andy Burnham wants a round of applause - he's not getting one'published at 07:40 BST

    Kemi BadenochImage source, PA Media

    Conservative leader Kemi Badenoch says the government's changes to the early release scheme are only a "partial climbdown" - and victims "deserve so much better".

    "Andy Burnham wants a round of applause for agreeing not to release rapists and child sex offenders. He's not getting one," she says on X.

    Badenoch adds that "killers, violent offenders, men who have terrorised their partners and more will all still walk out of prison in October thanks to Labour’s early release scheme".

    She says the Conservatives have a "better plan" to tackle overcrowding in prisons, including building more prisons, renting prison spaces from abroad and to "remove foreign criminals".

  12. Norris: 'These are decisions no minister would ever want to take'published at 07:31 BST

    Alex Norris in a navy suit and red tie. He appears to be walking on Downing Street.Image source, Getty Images

    As we just reported, PC Harper's mother says Justice Secretary Alex Norris called her to apologise for the fact her son's killers will still be eligible for early release.

    Announcing the changes, Norris said the government had "gone further to protect victims" after excluding prisoners who committed rape, grooming, and serious child sex offences being excluded.

    "These are decisions no minister would ever want to take, but it is right these sickening crimes are excluded from these reforms," Norris said.

    • Norris is speaking to BBC Breakfast shortly, followed by Radio 4's Today programme at 08:10 - follow live at the top of the page
  13. Justice secretary called PC Harper's mother to apologisepublished at 07:20 BST

    The mother of PC Andrew Harper - who was killed in 2019 when he was dragged by a car down a country road as three teenagers fled the scene of a quad bike theft - has told the BBC she is "devastated" two of his killers remain eligible for early release.

    Speaking to BBC Newsnight, Debbie Adlam, said: "It feels like we're letting Andrew down again.

    "We've been through the justice system, we thought we'd done as best as we could.

    "We are devastated with Andrew's loss for every day of our lives now. We're devastated. Now it's just another thing to be devastated [by] on top."

    Adlam said that she had been phoned by the justice secretary, Alex Norris, who apologised to her.

    "Apparently, the situation is, if nothing was done, then the prison system would fall completely. But we're paying the price for it," she said.

    • Debbie Adlam will be speaking to BBC Breakfast soon - you can watch live at the top of the page
    Media caption,

    Watch: 'The worst has happened,' says mother of PC Harper

  14. What is the early release scheme - and how is it changing?published at 07:11 BST

    The policy, designed to ease overcrowding, will mean thousands of prisoners in England and Wales being eligible for earlier release:

    • Offenders serving standard fixed sentences, who were due to be released after 50% of their term, will leave jail after 33%
    • Serious sexual and violent offenders on fixed terms, who would have been released at 66% of their sentence, will be released after 50%
    • On Monday night, the government said the changes will not now apply to people guilty of rape, serious child sex and other grooming offences
    • The most serious offenders - including life prisoners and those who are subjected to extended monitoring - were already not eligible under the scheme

  15. Mother of PC Harper 'devastated' his killers set for early release under revised planspublished at 07:02 BST

    Debbie Adlam

    A revision to a government scheme to tackle prison overcrowding has left the mother of PC Andrew Harper "devastated" - as two of her sons' killers will still be eligible for early release.

    The change will see prisoners who committed rape, grooming, and serious child sex offences being excluded from an early release scheme for England and Wales, the government announced last night.

    But people guilty of manslaughter are still be eligible for earlier release.

    PC Harper, 28, was killed in 2019 when he was dragged by a car down a country road as three teenagers fled the scene of a quad bike theft in Berkshire.

    His family previously said they had received a letter from the Ministry of Justice confirming that two of the killers could be included in the scheme, becoming eligible for release after serving half of their 13 year sentences.

    Harper's mother, Debbie Adlam, told BBC Newsnight she was "devastated".

    "It feels like we're letting Andrew down again," she said.

    "We've been through the justice system, we thought we'd done as best as we could. Now we're standing up to fight again."

    Justice Secretary Alex Norris and Adlam will be speaking on the BBC later this morning about the changes to the scheme. We will be bringing you all the latest updates here.