Lord Thomas said excluding ‘unlawful act’ manslaughter from the prison early release scheme could work.
Exempting a type of manslaughter from early release from prison could be a solution to prevent the release of Pc Andrew Harper’s killers, a former leading judge has indicated.
Prime Minister Andy Burnham is seeking to stop Albert Bowers and Jessie Cole from being freed early under the Government’s early release scheme designed to tackle overcrowding in jails.
Options being examined by ministers reportedly include exempting prisoners who committed “unlawful act” manslaughter, with those guilty of other types of the offence eligible for early release.
Lord Thomas of Cwmgiedd, who previously served as lord chief justice of England and Wales, said the rule change could be workable in practice.
The independent crossbench peer told BBC Radio 4’s Today programme on Tuesday: “People are found guilty of manslaughter in three different circumstances.
“One because they’ve been charged with murder and have a specific defence.
“Secondly, because they have committed an act which is grossly negligent that has resulted in death.
“And thirdly, involuntary manslaughter…, where there’s been an unlawful act such as a punch, someone’s fallen over, hit his head on the curb, and died. That is the unlawful act manslaughter which they’re seeking to exempt.
“So it is quite possible to distinguish the three types of manslaughter.”
Bowers and Cole, two out of three of Pc Harper’s killers, were passengers in the car that dragged the police officer down a country road after he got caught in a strap attached to the vehicle as they fled the scene of a quad bike theft in Sulhamstead, Berkshire, in 2019.
The prospect of the pair’s release next year halfway through their 13-year sentences has prompted widespread condemnation of the early release scheme.
Lord Thomas said “it may not be that straightforward” for prison staff to determine which type of manslaughter an inmate committed from their prison records, amid questions over the administrative difficulties of such a carve-out.
But, he said, it “should be relatively easy to tell that from the sentencing remarks, which are always transmitted with the prisoner’s record”.
The former lord chief justice said the plan would offer a way to “do an exclusion that would at least catch some people who’ve been convicted of manslaughter simply by reason of the nature of their crime”.
It would be “unlawful” to block solely Bowers and Cole from early release while freeing other prisoners convicted of the same offence, he said.
Mr Burnham has ordered Justice Secretary Alex Norris to draw up plans to free up prison space for serious offenders.
The Prime Minister last week said he was “increasingly confident” Pc Harper’s killers would not be released early from their sentences as a result.
Minister Lilian Greenwood on Tuesday told Times Radio: “I don’t want to comment on the speculation around the specifics that the Justice Secretary is going to come up with.
“The Prime Minister has asked the Justice Secretary to come up with plans to tackle the crisis that we inherited in prison capacity. We completely understand that we don’t want dangerous people being released early. We’ve already taken action to ensure that those who were convicted of murder or rape or child sex offences aren’t able to be released.”
The work and pensions minister continued: “It’s right that the Justice Secretary is looking at this, and I’m confident that he will come up with a plan to deal with it.”
Some 5,000 people are expected to be released early under sentencing changes under the Government’s scheme, down from 6,000 after ministers exempted rapists and “serious” child sex offenders.
Mr Burnham ordered a review of the early release scheme under the Sentencing Act shortly after taking office, but while changes were announced to prevent rapists and paedophiles being released early, the measures did not cover Pc Harper’s killers.
