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Andy Burnham was today forced to rebuke his Cabinet ministers for joking about Labour letting prisoners out – as anger rages over the possible early release of PC Andrew Harper's killers.
The new Prime Minister branded it 'unacceptable' for Wes Streeting and Shabana Mahmood to quip about Justice Secretary Alex Norris wanting to 'let them all out'.
Mr Burnham also said, on the wider question of the Government's early release scheme, he would 'review the whole of this policy' before it goes ahead.
It came after Mr Streeting, the newly appointed Defence Secretary, said he was 'sorry for any offence inadvertently caused' for his remarks to Mr Norris. Ms Mahmood also said there was 'no ill intent' about the 'ribbing' of the Justice Secretary.
But Tory leader Kemi Badenoch condemned the remarks as she led outrage over Jessie Cole and Albert Bowers being eligible for release half-way through their prison sentences. Both men were handed 13 years in custody for manslaughter after a trial into PC Harper's death at the Old Bailey in 2020.
Under Labour's new Sentencing Act, set to come into force in September, some 6,000 criminals are set to be released through the early prison release scheme. The Government has so far failed to rule out whether killers, rapists and paedophiles will be exempt.
The Ministry of Justice (MoJ) has confirmed Cole and Bowers might be eligible to be released from prison half-way through their sentences.
Mrs Badenoch posted on X: 'Yesterday Cabinet ministers were joking about letting criminals out of jail early. Today we learn that the vile thugs who killed PC Andrew Harper are eligible for early release under Labour.'
Mrs Badenoch also noted how Mr Burnham 'has already said he doesn't think rapists and paedophiles should be out early'.
'I sincerely hope that extends to the killers of emergency workers. My heart goes out to PC Harper's family. There is no justification for this,' she added.
Mr Burnham rebuked Mr Streeting and Ms Mahmood over their remarks today.
Asked if it was acceptable for members of his Cabinet to joke about early release, the PM said: 'No, it's not, and certainly that's been acknowledged, and apologies have been made.'
The PM also indicated PC Harper's case could trigger a wider review of the policy to release prisoners early. He told reporters in Bath: 'On the broader issue, I feel for the family, it's an appalling crime that was committed.
'The main perpetrator will not be subject to any early release. Of course, others involved have potentially been identified. But I've spoken to the new Justice Secretary. He will review the policy together and make further statements in due course.'
Mr Burnham added: 'All I can say is I will review the whole of this policy. Nobody can deny the pressure on prison places.
'We did not invest in the prison estate when we should as a country, going back a decade or so ago, when it was clear that there was going to be pressure.
'That has created an unacceptable situation now. But I want to assure myself that everything has been looked at before this policy proceeds, and I can give that assurance that every single part of this I will look into with the Justice Secretary.
'I can't say that I can't change the policy completely, but I will look at it in detail before we go further forward.'
Mr Streeting, who returned to Cabinet this week as Defence Secretary, issued an apology last night for remarks in a conversation with Ms Mahmood and Mr Norris, who has now been put in charge of the MoJ.
In the overheard comments, Mr Streeting suggested to Ms Mahmood that Mr Norris was 'the enemy now' and 'wants to let them all out', with the Home Secretary seen laughing at Mr Streeting's remarks.
Mr Streeting said on X that the remark was referencing a joke shared between former Conservative prime minister Theresa May and former chancellor and home secretary Kenneth Clarke.
He wrote: 'I hope everyone can see there was no ill intent behind this ribbing of the new Justice Secretary – it was a reference to an old May/Clarke joke. But I appreciate these are very serious issues and am sorry for any offence inadvertently caused by this moment of levity.'
Ms Mahmood also said there was 'no ill intent' about the 'ribbing' of Mr Norris. She wrote on X: 'I appreciate this is an extremely serious issue and do not want anyone to mistake this moment of levity for a lack of serious intent.'
Tory justice spokesman Nick Timothy said: 'Labour said they would not reduce sentences for the most heinous crimes. It would be an absolute disgrace if the killers of PC Andrew Harper get out of prison early. Labour must stop the release of vile criminals like these killers.'
Reform UK MP Robert Jenrick told the Daily Mail: 'Successive Tory and Labour justice secretaries failed to build enough prisons, which got us into this appalling mess. Now Labour ministers are laughing as they let out rapists and killers early. They think it's all one big joke.
'Wes Streeting and Shabana Mahmood should apologise to PC Harper's family for their behaviour – along with the thousands of other victims whose lives are being wrecked by this.'
Mr Norris has been urged to reconsider the early release scheme and when asked about reports that Mr Burnham could be working on exempting rapists and child groomers from the scheme, his spokesman said: 'The Government's fully focused on keeping the public safe.
'We've got no option but to take decisive action to fix the crisis in our prisons. I'm not going to get into speculation over possible policy changes.
'Of course, the PM will take decisions on all manner of policy areas in the future, including how we get justice for victims.'
The mother of PC Harper said it feels like an 'insult' that two of her son's killers may be eligible for early release from prison.
PC Harper was 28 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.
Cole and Bowers, who were passengers in the car, were both 17 years old at the time. The driver of the vehicle which caused PC Harper's death, Henry Long, received a 16-year sentence, and will not be eligible for the early release scheme.
Speaking to The Telegraph, PC Harper's mother Debbie Adlam said she had received a letter from the MoJ confirming the sentences of Cole and Bowers might be reduced.
She said: 'It makes me feel sick. Andrew's life doesn't get to come back. It feels like a slap in the face and an insult.'
Ms Adlam added that 'people are getting a free pass for crime' in the UK.
An MoJ spokesman said: 'This was a horrific crime, and our deepest sympathies are with PC Andrew Harper's family and friends.
'In 2024, the country was facing a prison crisis and a total breakdown of law and order, with judges ordered to stop jailing dangerous criminals.
'This Government is committed to public safety: we are building prison places at the fastest rate since the Victorian era, and taking the difficult decisions needed to lock up the most dangerous offenders.'
The Government has insisted that the Act will not see early releases for offenders deemed 'the most dangerous', including those on extended determinate or life sentences.
The Police Federation for England and Wales called the early release policy 'disgusting'.
Deputy national chairman Brian Booth said: 'Police officers from across the country stood side by side to honour Andrew Harper at his funeral.
'They and every serving officer will be utterly sickened at the prospect of Bowers and Cole being back on the streets so soon.'
PC Harper responded to the quad bike call just hours after he had been due to clock off and begin his honeymoon with wife Lissie Harper.
After her husband's death, she campaigned for legal changes to see harsher sentences for the manslaughter of emergency workers on duty.
Harper's Law was among the new measures in the Police, Crime, Sentencing and Courts Act.
The move extends mandatory life sentences to anyone who commits the manslaughter of an emergency worker on duty including police, prison officers, firefighters and paramedics.
It is not retrospective, meaning PC Harper's killers cannot have their sentences extended.
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