CAMPAIGNERS have reacted with fury over plans to bar some criminals convicted of manslaughter from early release while other dangerous killers are still set to walk free.
The Prime Minister is believed to be considering removing unlawful manslaughter from the planned jail reforms in order to stop PC Andrew Harper’s killers from getting out early.
Campaigners have reacted with fury over plans to bar some criminals convicted of manslaughter from early release while other killers are set to walk free Credit: Getty
The PM is considering changing jail reforms in order to stop PC Andrew Harper’s killers from getting out early Credit: PA
But it means that criminals convicted of more serious offences, such as voluntary manslaughter, will still benefit from less time behind bars.
A review of the scheme, which will see some lags spend just a third or half of their terms in prison, will be presented to parliament in a fortnight.
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Victims rights campaigner Hetti Barkworth-Nanton CBE has written to the Lord Chancellor to urge him not to take a “piecemeal” approach to the justice system.
Her best friend Joanna Simpson was killed by her estranged husband Robert Brown who was later convicted of voluntary manslaughter with diminished responsibility.
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A huge public backlash against the early release of PC Harper’s killers has forced Labour to backtrack Credit: PA
Andy Burnham’s planned change of approach will still allow killers to walk free Credit: AP
In the letter, seen by The Jattvibe, she wrote: “Whilst I wouldn’t question the horror of the killing of PC Harper, killed horrifically whilst attending an incident, taking this sort of piecemeal approach specifically to prevent certain killers from being released is an insult to so many other victims.
“Specifically when looking at different categories of manslaughter, the most serious form of manslaughter is voluntary manslaughter – in all but name murder with a mitigating factor that changes the conviction to manslaughter.
“These types of manslaughter are hard enough for victims to accept at the best of times, but if you announce an exemption for one type of involuntary manslaughter without including voluntary manslaughter it would honestly be a disgrace.
“I urge you to reconsider if indeed what is reported by the media this morning is the direction you are intending to go in.
“We must drive exemptions based on seriousness of the crime not based on one particular case.”
Involuntary manslaughter, which is what Bowers and Cole were convicted of, is unlawful killing without the intent to kill or cause really serious harm.
There are two classes of involuntary manslaughter: unlawful act manslaughter, when someone is killed due to a criminal act, and manslaughter by gross negligence, when someone dies due to a breach of care.
Robert Brown was convicted of voluntary manslaughter with diminished responsibility – and would qualify for release under the changed plans Credit:
Brown was convicted over the death of his estranged wife Joanna Simpson Credit: PA
Voluntary manslaughter occurs when all the elements for murder are present, including an intention to kill or cause really serious harm, but the crime is reduced to manslaughter by reason of loss of control or diminished responsibility.
Jo Earley, CEO of charity Support After Murder and Manslaughter said: “Whilst we welcome consideration of exempting unlawful act manslaughter, we urge the Government to go further and exclude all manslaughter convictions from the early release scheme.
“There can be a fine line between murder and manslaughter, and offenders convicted of manslaughter may still pose a significant risk to the public.
“The early release of an offender can be devastating and feel like a complete injustice. We must place the rights, needs and views of bereaved families at the heart of any decision about an offender’s release.
“They should not be made to feel that the person responsible for their loved one’s death is being prioritised over their right to safety and justice.”
Frank Malone from Advocacy After Fatal Domestic Abuse told The Jattvibe: “Government’s first duty is to protect its citizens. So, we have to expect that governments will develop prison policy in a systematic way.
“Any other approach, i.e., an ad hoc one, not only ignores many victims and their families, it undermines public protection.”
Lord Thomas, an independent crossbench peer who previously served as lord chief justice of England and Wales, said “it may not be that straightforward” for prison staff to determine which type of manslaughter an inmate committed from their prison records.
But, he said, it “should be relatively easy to tell that from the sentencing remarks, which are always transmitted with the prisoner’s record”.
Asked this week about the proposals to exclude certain manslaughter cases, Burnham told reporters: “At this moment in time, this is speculation.”
He said: “I’ve said I want to do everything possible to ensure we don’t see the release of people involved in the killing of Pc Harper and other individuals.
“I recognise that it’s very hard for his family. The anniversary of his death passed just at the weekend, so we understand that this is a difficult time.
“But it is important, given the public concern, that I do everything possible to get this right. That I do everything possible to minimise early release. That’s why we’re looking at every way I can do that, with the Justice Secretary, and we’ll present our findings in two weeks’ time.”
A Ministry of Justice spokesperson said: “We have always stated we wanted to go further, and we are fast-tracking a plan to keep more of the most dangerous offenders behind bars.
“That’s on top of murderers and those serving sentences for rape, serious child sexual abuse and grooming offences who are already blocked from any changes.”
Robert Buckland, a former Tory Justice Secretary, said: “Tinkering with this deeply flawed early release scheme to exempt only some killers from it will create further injustices and insults to the families of the victims.
“The government should scrap this scheme and start again.”
