Andy Burnham Considers Changing Sentencing Law To Stop Early Release of Child Sex Offenders

Andy Burnham is considering changes to sentencing laws that would prevent child sex offenders from qualifying for early release under planned prison reforms. The move comes as members of Burnham's team examine whether offenders convicted of child sexual crimes can be excluded from the scheme before parts of the Sentencing Act take effect in September, and whether doing so would require fresh primary legislation.

The proposals stem from reforms contained in the Sentencing Act, which received Royal Assent earlier this year as ministers sought to ease severe pressure on England and Wales' overcrowded prison system.

Under the legislation, some prisoners serving sentences for violent and sexual offences will become eligible for release halfway through their custodial terms instead of after serving two-thirds. Other offenders, including burglars and thieves, could be considered for release after serving one-third of their sentences, rather than the current 40 per cent threshold.

Andy Burnham's Sentencing Plans Focus on Child Sex Offenders

Burnham has become increasingly concerned that child groomers and rapists could benefit from the revised release arrangements once the new system begins operating in September. Staff working for the politician are said to be exploring legal options that would prevent offenders convicted of serious sexual crimes against children from becoming eligible.

Reports stop short of suggesting that any legislative changes have been agreed. Instead, it says advisers are assessing whether exemptions could be introduced through existing powers or whether Parliament would need to pass further legislation before such changes could take effect. At this stage, nothing has been confirmed, and proposals remain under consideration.

The reforms will apply not only to future prisoners but also to some offenders already serving sentences. According to the source report, the first 700 prisoners are expected to be released under the revised arrangements in September, potentially earlier than the sentencing judge originally anticipated.

Not every prisoner will qualify. Tens of thousands of offenders remain excluded from the reforms, including those serving life sentences, convicted murderers, and terrorists. The Government has also said prisoners considered the most dangerous are automatically barred from early release.

Upcoming UK PM's Position Differs From Justice Reforms

Burnham, who is expected to become Prime Minister on 20 July, has already publicly questioned Labour's proposal to reduce the use of jury trials for defendants likely to receive prison sentences of three years or less.

Speaking during the Makerfield by-election campaign in May, Burnham argued the Government should proceed 'with huge caution' and called jury trials 'a lynchpin of a fair society.' He urged ministers to pause the plans and give them fuller consideration before moving ahead.

Pressure over the early release scheme has also come from within Labour. Former Home Office minister Jess Phillips, who resigned from government last month, told LBC that exemptions should be expanded to cover offenders convicted of serious sexual crimes against children.

'It is my opinion however that there should be more exemptions within the release scheme and child rapist seems to be an area that we should potentially all be looking to work together for, if the numbers allow,' Phillips said.

The Government has defended the reforms, arguing they are necessary to prevent the prison estate from reaching breaking point. According to the National Audit Office, the adult male prison estate operated between 98.0 and 99.7 per cent capacity from October 2022 to August 2024, leaving ministers under mounting pressure to create additional space.

Issues Over Prison Capacity

Justice Secretary David Lammy said last week that the reforms were introduced because previous governments had failed to expand prison capacity sufficiently. Defending legislation that has already cleared Parliament, he told Conservative MPs the prison system had been pushed close to collapse.

A Ministry of Justice spokesperson maintained that without the reforms, prisons would have run out of space altogether, making it impossible to imprison newly convicted offenders.

The department also said released prisoners would remain subject to strict licence conditions, including electronic tagging, movement restrictions and bans from attending certain venues, supported by a £700 million investment in probation services and the recruitment of 1,300 additional probation officers.

The Government insists the reforms are designed to balance public protection with pressures on prison capacity. Whether child sex offenders will ultimately be carved out of the early release scheme now depends on legal advice and any future decisions taken by Burnham's team, with no formal changes announced so far.