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Badenoch demands emergency law on prisoner release

Badenoch demands emergency law on prisoner release

Kemi Badenoch is pressing for emergency action on the prisoner early release plan after Andy Burnham paused the scheme following victim backlash.

Kemi Badenoch is demanding emergency legislation to stop the prisoner early release scheme, after Andy Burnham put the plan on hold amid a growing backlash from victims and their families. The Conservative leader says the government should act quickly before more prisoners begin leaving custody under the new timetable.

Burnham said last week that he was pausing the September release phase, which had been expected to free about 700 prisoners in the first round. The Conservatives argue that a review alone will not stop offenders from being released, and Badenoch says the government should fast-track changes to keep serious offenders behind bars. She warned that without emergency action, dangerous prisoners could start to be released when MPs return from summer recess on Tuesday, September first.

Burnham has said he wants to reduce risk to the public while dealing with the prison overcrowding crisis. Speaking on Tuesday, he said the country should not be in this position, but added that he must face the reality of the situation and will “do anything” he can to minimise danger. He said the September release plan had been put on hold and that more statements would follow. The government also has the power to decide when parts of the Sentencing Act take effect, meaning it can change the start date without waiting for Parliament to return.

The wider dispute sits inside a prison system under severe strain. Early release was already used by the Conservative government in 2023 because of overcrowding, first for eighteen days and then for seventy days. By early July 2024, before Labour entered government, 10,000 prisoners had already been released early. After Sir Keir Starmer took office, there were fewer than 100 spare prison places in the adult male estate, prompting a new release scheme that saw 60,108 people let out early between September 2024 and December 2025.

Under the government’s new Sentencing Act, passed in January, another 6,000 prisoners were due to be released at different stages starting in September. Some of the most serious and dangerous offenders are excluded, including murderers serving life sentences and those on extended sentences. But the release rules are based on the length of a fixed sentence, not the type of offence, which means some people convicted of serious sexual and violent crimes could still be eligible for earlier release than expected, subject to monitoring and possible recall to prison.

Badenoch has argued that the Conservatives are being honest about the scale of the crisis, even while acknowledging her own party’s record. She said the overcrowding problem had been building for a long time and admitted, “We did something, it wasn’t enough.” She also said the long-term answer would require prison building in communities and suggested the government should consider renting prison places overseas, an idea that Britain has examined before but which ministers later judged too expensive.

The move to pause the scheme followed angry criticism from the family of Andrew Harper, the Thames Valley Police officer killed in Berkshire in 2019 after being dragged by a car. Two of his killers, both sentenced to thirteen years, would have qualified for the scheme from June 2027, when the longest fixed sentences were to be added. His widow, Lissie Harper, called the plans “deplorable” and said decisions made behind desks would have lasting consequences for victims’ families. That anger has sharpened the political fight over whether prison overcrowding justifies early release at all.

Labour says the Conservatives left the justice system on the verge of collapse after fourteen years in office, including the closure of 23 prisons and the creation of just 482 jail places. A Labour spokesperson said the current government is fixing that mess and said more than 3,000 prison places have already been delivered, with billions more being invested. The Liberal Democrats and Reform UK have also used the row to attack the Conservatives and the release policy more broadly. The immediate question is whether Burnham stops at a pause or moves to change the law before the first prisoners under the new scheme can go free. For American readers, the fight is a reminder that when prisons overflow, governments face hard trade-offs between public safety, punishment, and the limits of the system.

Frequently asked questions

Why is Badenoch calling for emergency legislation?
She says a review will not stop prisoners from being released and wants changes fast-tracked before the new timetable starts. She argues dangerous offenders could begin leaving custody when MPs return from summer recess.
What has Burnham done to the September release plan?
He has paused the September release phase and said more statements will follow. The article says the government also has power to change the start date of parts of the Sentencing Act without waiting for Parliament.
How many prisoners were expected to be released in the September phase?
About 700 prisoners were expected to be freed in the first round of the September release phase.
Which offenders are excluded from the scheme, and who might still be eligible?
Murderers serving life sentences and people on extended sentences are excluded. However, the rules are based on sentence length rather than offence type, so some people convicted of serious sexual and violent crimes could still be eligible, subject to monitoring and possible recall.

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