Andy Burnham has personally intervened to prevent the early release of grooming gang perpetrators after a loophole in the sentencing system threatened to free dozens of convicted child abusers.
The prime minister stepped in after reports surfaced that men convicted of assaulting children in Bradford as part of historical investigations into Asian grooming gangs would be released early, despite a promise that such offenders would remain behind bars.
A loophole in the early release scheme
Government officials are urgently identifying any perpetrators who may still be eligible for early release under a new overcrowding reduction scheme.
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As many of the assaults took place before anti-grooming laws were introduced in 2003, the men were charged with indecent assault, a crime that does not fall within the exclusions announced by the prime minister this week.
This technicality has left a gap in the government’s attempt to shield vulnerable victims from a wider policy shift. The broader policy change allows about 5,000 people to be released early under the Sentencing Act passed earlier this year, down from 6,000 after ministers excluded grooming gang members, rapists, and “serious” child sex offenders. While the government has tightened the rules to address these specific concerns, the initial announcement left room for interpretation regarding historical cases involving older laws.
Political pressure mounts over the decision
Kemi Badenoch, the Conservative leader, wrote to Burnham on Thursday demanding to know which specific offences would be eligible for early release, accusing the government of a “yet another betrayal of the victims.”
The Prime Minister suspended the scheme in his second week in office after coming under intense pressure from MPs, victims, campaigners, and frontline prison officers to halt the early release of serious sexual and violent offenders.
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Prisons have become a major point of political contention, with Labour blaming the Conservatives for creating the overcrowding crisis between 2010 and 2024 by increasing sentences while failing to build enough jails. The government has also resisted pressure to exempt two of the killers of PC Andrew Harper from early release, though the Thames Valley police chief constable is considering joining a potential legal challenge to prevent their release.
Jason Hogg, the Thames Valley police chief constable, said he was receiving legal advice on whether the force could join a challenge mooted by the local Police Federation chief. The prime minister has stated he wanted to “go further” with the exemptions, but this was “not possible without the prison system reaching capacity and collapsing.”
Those released under the scheme will face tougher probation conditions, including electronic monitoring, random drug testing, and possible bans from driving, pubs, and events such as football matches. The changes were part of the Sentencing Act passed earlier this year, which cut the minimum amount of time many offenders would have to spend in prison.
