The government’s early release scheme aims to address a severe overcrowding crisis in jails, where useable capacity is almost at 100%.
The number of places in jails in England and Wales has not kept pace with the significant rise in the prison population in recent decades under successive governments.
Ministers have said prison spaces might run out as soon as October.
To make more space in prisons, the Starmer government changed the law to give it the ability to release some offenders earlier than they would otherwise have been.
The release point for these prisoners will move from 40% or half of their custodial term to one third for some offenders, and from two thirds to half for others.
Since taking office, Burnham made exemptions for those convicted of some serious offences, but not manslaughter, prompting a backlash and pressure to block the release of Harper’s killers.
Harper, 28, from Wallingford, Oxfordshire, died in 2019 when he was dragged behind the getaway car of three teenagers who had fled the scene of a quad bike theft in Berkshire.
Two of his killers, Cole and Bowers, will become eligible to be freed from jail next year under the release scheme as it stands.
The third man jailed for the manslaughter of Harper – the vehicle driver Henry Long – was given a longer 16-year jail term and cannot be considered for early release.
It is not yet clear how the government will prevent Cole and Bowers from being treated the same as other prisoners with similar sentences.
If ministers said, for example, that prisoners with manslaughter convictions could not be considered for the scheme, that would have an instant impact on many other inmates.
Last week, Burnham also ordered an “urgent” review to identify any grooming gang members who may be eligible to be freed from jail early.
The government has not confirmed whether the review will lead to the prevention of any early releases of offenders convicted of grooming-related crimes.
