Kemi Badenoch demands halt to prisoner early release

Conservative leader Kemi Badenoch has urged Prime Minister Andy Burnham to enact emergency legislation to halt the early release of prisoners. Mr Burnham announced last week that he was pausing a scheme that was set to free around 700 inmates in September, following public outcry from victims and their families. However, the Conservatives argue that the government's review will not prevent offenders from being released.

Overcrowding and Sentencing Act

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The early release initiative was implemented as a measure to combat unprecedented prison overcrowding. A Labour spokesperson stated that the current government is addressing issues created by previous Conservative administrations. Mr Burnham acknowledged the difficult situation, stating his commitment to minimising public risk, which led to the September release plan being put on hold. He indicated further statements would follow.

The Conservative government previously utilised early release in 2023 due to overcrowding, freeing prisoners for 18 and then 70 days. By early July 2024, before the current government took office, 10,000 prisoners had already been released early. Following the change in government, a new release scheme saw 60,108 individuals freed between September 2024 and December 2025, as there were fewer than 100 spare prison places in the adult male estate.

Under the new Sentencing Act, passed in January, an additional 6,000 prisoners were scheduled for release at various stages, commencing in September. While the act excludes certain dangerous offenders, such as those serving life sentences or extended sentences, eligibility for early release is determined by the length of a fixed sentence, not the nature of the offence. This means some individuals convicted of serious sexual and violent crimes with a fixed release date could be freed earlier than anticipated, though they would be subject to monitoring and potential recall.

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Calls for Legislative Action

Conservative shadow justice minister Kieran Mullan has accused the government of misleading the public regarding its release plans, asserting that serious offenders will indeed be released. Ms Badenoch, speaking at a press conference with affected victims, stated that while the Prime Minister recognises the issue, his proposed solutions are unclear. She warned that without emergency legislation, dangerous offenders could be released as early as 2 September, the day after Parliament reconvenes. Ms Badenoch is urging Mr Burnham to revoke legislation due to take effect on 2 September and, if necessary, recall Parliament to ensure serious violent and sexual offenders are exempt from early release.

The government possesses the authority to determine when specific provisions of the Sentencing Act come into force and can alter commencement dates without recalling Parliament. Responding to questions about the prison overcrowding crisis, Ms Badenoch acknowledged that the issue had been developing for a considerable time under previous Conservative governments, admitting that their actions were insufficient. She expressed a commitment to finding solutions rather than dwelling on the past. Ms Badenoch also suggested the public must accept the construction of new prisons in their communities for long-term solutions and proposed considering overseas prison placements.

Impact on Victims' Families

Mr Burnham's decision to pause the scheme followed criticism from the family of PC Andrew Harper, who was killed in 2019. Two of the teenagers convicted of his murder, who received 13-year sentences, would have been eligible for early release from June 2027. PC Harper's widow, Lissie, described the plans as 'deplorable', highlighting that politicians were making decisions with significant consequences for victims' families. A Labour spokesperson countered by criticising the Conservatives for closing prisons and creating insufficient jail places during their tenure, while asserting the current government is investing in thousands more prison places.

Liberal Democrat justice spokesperson Jess Brown-Fuller MP stated that the Conservatives left the prison system in a precarious state, presenting an opportunity for Mr Burnham to rectify past errors. Reform UK's Home Affairs spokesperson Zia Yusuf reiterated his party's consistent opposition to early release, labelling it a 'disastrous' policy introduced by the Tories, with Ms Badenoch having supported its expansion in 2024.

What Happens Next

It remains unclear if Prime Minister Andy Burnham will recall Parliament or introduce emergency legislation. Kemi Badenoch has indicated that dangerous offenders could be released as early as 2 September if no action is taken.