Voices: ‘Only the courts can keep someone in prison’: Readers reject calls to block PC Harper killers’ early release

‘Only the courts can keep someone in prison’: Readers reject calls to block PC Harper killers’ early release Our community has pushed back against calls for Downing Street to carve out an exception for Jessie Cole and Albert Bowers, warning that political interference in sentencing threatens judicial independence - Bookmark - CommentsGo to comments Downing Street is under mounting pressure over its failure to block the early release of two of PC Andrew Harper’s killers, with a police chief calling the decision “indefensible” and more than 880,000 people signing a petition demanding Jessie Cole and Albert Bowers stay behind bars. But among Independent readers, the anger cuts in an unexpected direction. Rather than backing calls for a one-off exemption, many commenters pushed back hard against the idea of government intervening in a single case at all, arguing it would corrode judicial independence and set a dangerous precedent for how sentences get decided. Others aimed their fury not at Andy Burnham but at the Conservative government they blame for leaving the prison system without enough capacity to avoid the early release scheme in the first place. Not everyone agreed – some readers argued cop killers should be a clear exception to any early release scheme, while others questioned the fairness of grouping Cole and Bowers, convicted as passengers under joint enterprise law, with PC Harper’s actual killer. Here’s what you had to say: Only the courts can keep someone in prison In the UK neither the government nor the police can keep someone in prison – only the courts can do that. It is very worrying that a “senior” policeman thinks differently, or that we live in a police state with laws that are bendable by the authorities. Blame the Tory government, not Burnham The only ones spitting in the face of police officers – and in the faces of every victim of crime whose perpetrator is being released early – are the Tory government. What they did to the prison system, and how they left our justice system, is nothing short of corrupt, neglectful and downright dangerous. Burnham can’t refuse to release one set of criminals early without others jumping on the bandwagon and demanding the same. He should explain to the public exactly how the Tories left the prison system, and make clear that if criminals aren’t released early this autumn, the entire justice system – including the power of arrest and our courts – collapses. Blocking releases for one case corrupts judicial independence That criticism is asking the government to do something that would violate proper democratic separation of powers. In most functioning democracies, judges sentence according to law, parole boards assess release conditions, and the executive enforces but doesn’t override judicial decisions. If the government could simply block prisoner releases for political reasons – because a case generated public outrage or a victim’s family campaigned – that’s exactly the corruption of judicial independence that democracies are supposed to prevent. Every sentenced prisoner’s release would then depend on whether their case attracted enough media attention or political pressure. Prisons were already full when Labour took office This is a problem that arises because of the previous Conservative government’s negligence and neglect of the prison service. Prisons were full when Labour took office. Hard cases make bad law It’s a bit of a truism to say that hard cases make bad law, but it also contains a hefty grain of truth. There are already other campaigns started by grieving relatives to get people who committed manslaughter or death by dangerous driving kept behind bars, but the government can’t cave in to all of them because the law and the way it is applied has to be impartial. I don’t like the idea of these people being let out, but I don’t see how it can be avoided. The prison release scheme can’t be cancelled because the UK is about to run out of prison cells, and that will bring the entire criminal justice system to a halt. Going forward, maybe the answer is to reform the definition of manslaughter to include various grades of culpability, but that can’t be applied retrospectively. Special rules for individuals break down law and order The driver of the vehicle is not eligible for early release. The moment you set out “special rules” for some individuals, over and above the sentence they received for their crime, you start to break down law and order in the UK. Focus your anger on failed Tory neoliberal austerity, which broke the UK, and the justice and prisons system – just one of many examples of expensive failure. The sentencing judge should have accounted for this Much as I find the release of these people appalling, I cannot see how we can make special cases. The abhorrent nature of their crimes should have been taken fully into account by the sentencing judge, so they must be treated as any other person given the same sentence. They were passengers, not the driver People should be careful what they wish for when demanding politicians interfere in judicial decisions. The public will have their views on the two who were convicted. But as a point of information, probably worth remembering, they were passengers in a car fleeing a crime. They were convicted of manslaughter not because of direct action but “joint enterprise” responsibility. Clearly it will not make any difference to some, particularly not PC Harper’s grieving family, but it’s indicative of a lack of nuance in the system. Legislate by offence class, not by name The answer to the dilemma raised by some here is that the government can change, by general legislation, the rules governing early release. This could be a general rule applying to a class of offences (e.g. those resulting in the death of an emergency worker), not a government decision aimed at the two individuals specifically. Burnham’s first response was the right one Burnham’s first response was the correct one. We can’t be singling out cases for more severe punishment just because the media brings it to public attention. Where the focus should be is keeping dangerous individuals behind bars. What is the likelihood of these men killing someone else? I would speculate almost none. Their case was very circumstantial and not premeditated, which is why they were only convicted of manslaughter. They’ll be released under existing rules regardless They will in any case be released soon under the existing rules regarding serving half the judge-determined sentence with good behaviour. The arbitrary removal of this rule would make prison officers’ jobs impossible, and could theoretically lead to a doubling of the number of prison places required. How does a court really measure remorse? I find this issue of “showing remorse” as a factor in sentencing difficult to understand. I’m sure many criminals will be experts at “showing remorse” if they know it’s a factor in their sentencing. Many others, and especially teenage boys, will simply not have the mental and emotional equipment to handle their remorse, and so will behave inappropriately. And many, of course, will not feel remorse. But how does a court tell the difference? Early release is needed – but not for cop killers Release of prisoners early is needed, unfortunately, due to a distinct lack of forward planning by previous governments. However, cop killers and attackers on police should not be allowed within the early release cohort, not just for this situation but for the rule of law in general. Now it is up to this government to try and fix this mess. Some of the comments have been edited for this article for brevity and clarity. Want to share your views? Simply click ‘log in’ or ‘register’ in the top right corner to sign in or sign up. Once registered, you can comment on the day’s top stories for a chance to have your opinions showcased. Want your voice to stand out? Independent Premium subscribers enjoy priority for featured comments. Subscribe here. Make sure you adhere to our community guidelines, which can be found here. For a full guide on how to comment, click here. 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