PC Andrew Harper’s killers could be excluded from an early release scheme under a planned change to sentencing rules, amid mounting pressure on the Government to keep the two men behind bars for longer.

Albert Bowers and Jessie Cole, two of the three men convicted over the death of the Thames Valley Police officer, are reportedly expected to be among prisoners who will no longer qualify for early release if a proposed amendment to sentencing legislation goes ahead.

The potential change comes after widespread anger over the prospect that Harper’s killers could leave prison years earlier than many members of the public expected.

Harper, 28, was killed in August 2019 while responding to a report of a stolen quad bike in Berkshire. Bowers and Cole were passengers in a car that was fleeing the scene when the officer became caught in a strap attached to the vehicle and was dragged along a country road.

The horrifying incident shocked the policing community and led to a lengthy legal battle over how the three defendants should be punished.

Bowers and Cole were ultimately sentenced to 13 years in prison, while driver Henry Long received a 16-year sentence. Long is not eligible for early release under the current arrangements, meaning the controversy has centered particularly on Bowers and Cole.

Under the Government’s existing early release rules, the two men could potentially leave prison next year after serving 40 per cent of their fixed-term sentences.

That possibility has prompted intense criticism from police officers, Harper’s family and supporters of the campaign that followed his death.

The Government is now considering changes that could prevent prisoners convicted of a particular form of manslaughter from benefiting from the early release arrangements.

The proposed exemption would apply to unlawful act manslaughter, a form of manslaughter in which someone causes another person’s death while carrying out a separate unlawful act.

Bowers and Cole were convicted of manslaughter after being involved in the events that led to Harper’s death.

The reported plan follows an intervention by Andy Burnham, who has previously promised to do everything possible to ensure that Harper’s killers are not released early.

However, when the Prime Minister was asked about the specific possibility of excluding unlawful act manslaughter from the scheme earlier this month, he declined to confirm the change and described reports about it as speculation.

The Government has instead ordered a wider review of the early release system, with Justice Secretary Alex Norris examining how the rules could be changed to improve public safety.

Norris was asked to “develop a plan to maximise public safety and minimise the early release of prisoners”.

It has now been reported that police chiefs have been informed that the Justice Secretary intends to introduce secondary legislation amending the Sentencing Act.

If the change proceeds, prisoners convicted of unlawful act manslaughter could be removed from eligibility for the early release scheme.

The distinction between different types of manslaughter is important because the proposed exemption is not expected to cover every manslaughter conviction.

Voluntary manslaughter, for example, generally involves an intentional killing where a partial defence applies. Gross negligence manslaughter involves a death caused by exceptionally serious negligence.

Unlawful act manslaughter is different because the death occurs during the commission of another unlawful act.

Former senior judge Lord Thomas of Cwmgiedd previously suggested that separating the different categories could provide a workable way of preventing Harper’s killers from benefiting from early release without applying a blanket restriction to every manslaughter case.

Speaking to BBC Radio 4’s Today programme, the former lord chief justice explained that manslaughter convictions arise in several different circumstances.

He said one category involved defendants originally accused of murder who successfully relied on a partial defence, while another involved gross negligence. The third category includes unlawful acts that unintentionally result in death.

Lord Thomas said it was therefore possible to distinguish unlawful act manslaughter from other forms of the offence when creating sentencing rules.

The proposed change would represent another adjustment to the Government’s controversial early release policy.

Labour introduced the scheme in September 2024 as part of an effort to tackle overcrowding across the prison estate.

Under the original arrangement, eligible prisoners serving fixed-term sentences could be released after completing 40 per cent of their sentence rather than the previous 50 per cent threshold.

The 2026 Sentencing Act subsequently allowed for the system to be expanded further, with the qualifying threshold potentially falling from 40 per cent to one third of a sentence.

The policy was designed to relieve pressure on overcrowded prisons, but it has faced growing criticism when applied to serious offenders.

Since becoming Prime Minister, the Government has already introduced exemptions preventing rapists and child sex offenders from benefiting from the scheme.

Those exemptions reduced the estimated number of prisoners due to be released early, with around 5,000 people now expected to benefit from sentencing changes rather than approximately 6,000.

The case of Harper’s killers has nevertheless become one of the most prominent examples used by critics who argue that the rules can produce unacceptable outcomes.

Harper’s death occurred after he responded to a call involving a stolen quad bike in Sulhamstead, Berkshire, in August 2019.

The officer was carrying out his duties when he became caught in a strap connected to the fleeing vehicle. He was dragged down the road and suffered fatal injuries.

The case ultimately led to a major campaign for tougher sentences for people who kill emergency workers while committing crimes.

That campaign resulted in Harper’s Law, which established mandatory life sentences for anyone convicted of killing an emergency worker while committing a crime.

The legislation was introduced following years of campaigning by Harper’s widow, Lissie Harper, and his wider family.

The Government has pointed to Harper’s Law as evidence that it has already strengthened protections for emergency workers.

A Government spokesperson said Harper’s death was a “horrific crime” and that officials shared the anger expressed by members of the policing community over the possibility of his killers being released early.

The spokesperson also said the Prime Minister had asked the Justice Secretary to consider additional measures to keep more serious offenders in prison, specifically including the men responsible for Harper’s death.

The Government has also introduced a presumption that people convicted of murdering police officers, prison officers or probation officers should receive a whole-life order.

But Harper’s case remains complicated because his killers were convicted of manslaughter rather than murder, meaning those provisions do not automatically apply to them.

The possibility of their release has therefore placed renewed attention on the technical differences between homicide offences and the way early release rules interact with individual sentences.

For Harper’s supporters, the issue is about more than sentencing calculations. It concerns the principle that an officer killed while protecting the public should not have his killers return to the community significantly earlier than expected.

The proposed amendment could provide the Government with a way to address that concern without removing every category of manslaughter from early release eligibility.

However, until the legislation is formally introduced and takes effect, the precise position of Bowers and Cole remains subject to the outcome of the Government’s review and any resulting legal changes.

For now, Harper’s family and police colleagues continue to wait for certainty over whether the men convicted over his death will remain behind bars beyond the date they could otherwise become eligible for release.

The debate has also highlighted the difficult balance facing ministers: reducing pressure on an overcrowded prison system while maintaining public confidence that offenders responsible for the most serious crimes will serve sentences that reflect the gravity of what they have done.

As the Justice Secretary’s review progresses, Harper’s case is likely to remain at the centre of that debate. For those who campaigned for Harper’s Law, the priority is clear — ensuring that the officer’s killers cannot benefit from a sentencing system that allows them to return to freedom earlier than expected