Ministers are facing renewed pressure to prevent the early release of the two men convicted of the manslaughter of PC Andrew Harper, after the chair of the Prison Officers’ Association suggested that additional prison capacity could be created by reducing the number of people held on remand.

Mark Fairhurst said the Government could potentially free up thousands of prison places by allowing some defendants awaiting trial to be released on bail or monitored electronically.

His comments come as the Government continues to defend its plans to release around 5,000 prisoners early over a ten-month period from October, a policy intended to ease severe overcrowding across the prison estate.

The proposed release of Albert Bowers and Jessie Cole has attracted particular attention because both men were convicted of the manslaughter of PC Harper, who was killed while responding to the theft of a quad bike in Berkshire in 2019.

Bowers and Cole were 17 at the time of the incident and were passengers in a vehicle driven by Henry Long, who was 18. Harper’s ankles became caught in a tow rope attached to the vehicle and he was dragged for more than a mile at approximately 43mph.

The two men were subsequently convicted of manslaughter and sentenced to 13 years in prison. Under the current arrangements, they are expected to become eligible for release after serving half of their sentences.

Long, who received a longer sentence after pleading guilty, is not eligible for release under the same scheme.

The prospect of Bowers and Cole being released early has prompted a substantial public campaign. A petition organised by the Thames Valley Police Federation had attracted nearly 900,000 signatures, reflecting the strength of opposition among members of the public and the policing community.

Fairhurst suggested that the Government should examine the number of people currently being held on remand as part of its efforts to address prison capacity.

Speaking to Times Radio, he said there were around 17,000 people on remand and argued that some could potentially be released on bail or subject to electronic monitoring while awaiting trial.

He said this could create additional space that would allow ministers to reconsider the early release of prisoners convicted of manslaughter.

The suggestion adds another dimension to the Government’s argument that prison capacity limits its ability to create further exemptions from the early release programme.

Ministers have already excluded certain categories of serious offenders from the scheme, including rapists, some offenders convicted of serious child sexual offences and grooming offences.

Prime Minister Andy Burnham has previously said that the Government had pushed the available options as far as possible by making those changes.

The Government has also argued that a broader exemption for prisoners convicted of manslaughter could place significant additional pressure on prisons.

There are understood to be around 950 prisoners serving sentences for manslaughter, although the number potentially affected by the early release arrangements is thought to be approximately 500.

A blanket exemption would therefore have considerably wider implications than simply preventing the release of Harper’s killers.

One proposal reportedly considered by officials was to prevent prisoners convicted of the manslaughter of emergency workers from being released early.

However, Downing Street has indicated that this would present legal difficulties because there is no separate criminal offence specifically described as manslaughter of an emergency worker.

A Government spokesman said it was not possible simply to exclude one or two individual offenders from the scheme.

The distinction is important because ministers must ensure that any changes to sentencing or release arrangements are consistent with existing law and do not amount to imposing additional punishment retrospectively.

The Government has nevertheless maintained that the Prime Minister is continuing to examine what further measures could be taken.

The immediate issue has become closely linked to wider concerns about prison overcrowding.

The Government says the early release programme is necessary because the prison system is operating under substantial pressure.

It has committed to creating additional prison places over the longer term, but new capacity takes time to deliver.

The use of remand places has therefore emerged as one possible area for reform.

People held on remand have been charged with an offence but have not yet been convicted. Some are detained because courts consider them to present risks such as absconding, interfering with witnesses or committing further offences.

Others may be released on bail under conditions designed to manage those risks.

Any attempt to reduce the remand population would therefore need to take account of individual circumstances and the requirements of public safety.

Fairhurst’s proposal is nevertheless significant because it challenges the assumption that early release of sentenced prisoners is the only practical way to create additional capacity.

Other potential measures include expanding electronic monitoring, increasing the use of bail where appropriate, speeding up court proceedings and developing additional prison accommodation.

The Harper case has also raised questions about the relationship between sentencing, release policy and public confidence.

Christopher Bushnell, a former Thames Valley Police officer who was among the first officers at the scene of Harper’s death, has criticised the proposed early release.

Bushnell said the possibility of their release had brought back memories of the incident and argued that the sentences imposed on Bowers and Cole should be served in full.

He also expressed concern about the impact of the Government’s policy on serving police officers.

The Thames Valley Police Federation has taken a similar position.

Aileen O’Connor, chair of the federation, has called on ministers to prevent the early release of Harper’s killers and has said the organisation is considering all available legal avenues.

The federation argues that the circumstances surrounding Harper’s death justify treating Bowers and Cole differently from other prisoners who fall within the early release arrangements.

The campaign has received considerable public support, with the petition passing hundreds of thousands of signatures.

For Harper’s widow, Lissie Harper, the issue is particularly significant.

Harper was only 28 when he died and had married Lissie shortly before his death. She has subsequently campaigned for changes to the law concerning offences against emergency workers.

Harper’s Law, introduced after his death, provides for mandatory life sentences in certain circumstances involving the manslaughter of emergency workers.

However, the legislation cannot simply be applied retrospectively to the convictions of Bowers and Cole, meaning the Government must consider whether existing release arrangements can lawfully be changed.

The case therefore presents ministers with a difficult balance.

On one side is the Government’s responsibility to manage a prison system facing serious capacity pressures. On the other is the need to maintain confidence that sentences imposed by the courts carry meaningful consequences, particularly in cases involving the death of an emergency worker.

Fairhurst’s proposal provides ministers with another potential avenue to investigate.

If the remand population could be reduced safely through greater use of bail and electronic monitoring, some additional prison capacity might become available without relying solely on further early releases.

However, any such approach would require careful assessment by courts, police and prison authorities.

The Government has said its longer-term objective is to expand the prison estate and prevent the current capacity crisis from recurring.

The immediate question remains whether a lawful mechanism can be found to prevent Bowers and Cole from being released early.

The issue is now being watched closely by police officers, Harper’s family and hundreds of thousands of members of the public who have signed the petition.

Whatever decision ministers ultimately make, the case is likely to have consequences beyond these two prisoners.

It has become part of a broader debate about prison capacity, the use of remand, electronic monitoring, sentencing policy and the extent to which early release should be used to manage overcrowding.

Finding a sustainable solution will require the Government to address both the immediate concerns surrounding Harper’s killers and the structural pressures that have contributed to the prison capacity crisis.

The proposal to examine the remand population gives ministers another possible option. Whether it can provide enough additional capacity to change the position on Bowers and Cole remains to be established, but the suggestion ensures that the debate over their release is no longer limited to the question of whether further exemptions are legally possible.