Sussex and Surrey chief constables support call for PM to prevent early release of PC Harper’s killers

PC Harper, 28, from Wallingford, Oxfordshire, died in 2019 when he was dragged behind the getaway car of three teenagers who had fled the scene of a quad bike theft in Berkshire.

Under changes to the Sentencing Act made this year, Jessie Cole and Albert Bowers – who were sentenced to 13 years for manslaughter in 2020 – will become eligible for release from custody next January after serving half of their sentences.

A petition set up by Thames Valley Police Federation to stop the release of the killers has been signed by almost 960,000 people since its launch a week ago.

An open letter published on Tuesday evening (August 11) signed by 50 policing and law enforcement leaders from across the UK, welcomed the Prime Minister’s instruction to the Justice Secretary to examine what can lawfully be done to keep those responsible for PC Harper’s death behind bars.

The letter also called for the introduction of stronger protections for victims and communities when release arrangements involving the most serious offenders change and urges the Government to take full consideration of Harper’s Law, which recognises the exceptional risks emergency workers take while protecting others.

The letter said: “We welcome your intervention regarding the potential earlier release of those responsible for the death of PC Andrew Harper, and your instruction to the Justice Secretary to examine what can lawfully be done. When the state asks people to run towards danger on behalf of the public, they should be able to trust that the justice system will stand behind them when the worst happens.

“PC Andrew Harper's case also raises a wider question.

“When someone is sentenced for an exceptionally serious offence, how much confidence can victims, bereaved families and the public place in that sentence if subsequent changes to release arrangements result in an offender being released significantly earlier than originally anticipated?

“This question extends far beyond policing.

“Families across the country are now facing the distress of learning that offenders may be released earlier than they understood when sentence was passed. We do not suggest that the grief of a police family is greater than that of any other bereaved family, nor that the life of an emergency worker has greater value.

“Our concern is for all victims and families affected by serious offending sentencing changes.

“PC Andrew Harper lost his life while protecting the public and serving his community. Following his death, Lissie Harper campaigned for a change in the law, leading Parliament to establish Harper's Law, recognising the exceptional risks emergency workers take while protecting others.

“While Harper's Law cannot retrospectively alter the sentences imposed following PC Andrew Harper’s death, the principle behind it remains important. Those who serve and protect the public should know that the justice system recognises the risks they take on society's behalf. Victims and bereaved families should be confident that sentences imposed for the most serious offences retain meaning and that public protection remains a central consideration when release decisions are made.

“There is a profound strength of feeling across policing about those responsible for PC Andrew Harper’s death benefiting from arrangements that could see them released substantially earlier than expected.

“Officers and staff understand that the law must be applied as it stands. But they will question what message this sends about the value placed on their service and sacrifice when they put themselves in harm’s way to protect others.

“Police officers and staff see first-hand the impact serious crime has on victims and their families. They support people through some of the most difficult moments of their lives and ask them to place their trust in the justice system. That trust is vital and should not be weakened. We are also collectively concerned that an approach to early release which does not sufficiently distinguish the most serious offending risks undermining public safety, victim confidence and wider confidence in the criminal justice system.

“We therefore ask Government to consider three measures.

“First, we ask that every lawful option is examined to determine whether the earlier release of those responsible for PC Andrew Harper's death can be prevented.

“We recognise that Government must act within the law. Nevertheless, given the significance of this case, it is right that every available lawful avenue is explored.

“Second, we ask Government to establish an additional public protection safeguard in cases involving the most serious offenders whenever future changes to sentencing on release arrangements are considered.

“Where an offender has caused a death, committed exceptionally serious violence, or presents an ongoing risk to individuals or communities, there should be explicit consideration of public protection, victim impact and community safety before release arrangements are amended.

“This principle should also apply to serious offences where there is a continuing risk of harm to victims or the public, including serious violence against women and girls, stalking and harassment.

“This is not simply a question of punishment. It is a question of ensuring that public protection, victim confidence and community safety remain central to decisions that may substantially reduce the time an offender spends in custody.

“Third, victims and bereaved families must be properly considered whenever significant changes are made to sentencing or release arrangements.

“There should also be consideration of the impact that significant changes to release policy may have on victims, public protection, policing and confidence in the justice system.

“Prime Minister, we welcome your intervention and the direction you have given to the Justice Secretary. This provides an opportunity not only to examine every lawful avenue in PC Andrew Harper’s case, but to ensure similar concerns do not arise again.

“We make this request in memory of PC Andrew Harper, in support of his family, friends, colleagues and the communities he served and on behalf of all victims of serious offending.

“The public should be able to trust that when a court passes sentence for the most serious crimes, victims, public protection and confidence in the justice system remain at the heart of any subsequent decisions about release.

“We stand ready to continue working with Government on safeguards needed to protect victims, the public and confidence in the justice system.

“We look forward to further conversations.”

Chief Constable Shiner said: “The tragic death of PC Andrew Harper continues to be felt deeply across policing.

“Having attended the Ceremony of Remembrance at the National Memorial Arboretum to honour colleagues who have died in service just two weeks ago, it was a stark reminder of the risks that our officers, front line staff and other front line workers face every single day.

“Many of my officers and staff come to work to protect the public and help keep our communities safe. It is both right and fair for all of them to expect the support of the criminal justice system when repeatedly putting themselves in harm's way.

“I urge the Prime Minister to not only find a way to keep those responsible for this heinous crime in custody, but also to ensure that other victims of crime are not let down by a system which should have been fixed many years ago.

“It is entirely unacceptable that offenders of serious crimes are being released early, and that their victims are being let down because the prisons are full, when this was foreseeable.

“As one of the signatories to this letter, and having signed the petition, I am hopeful that the right outcome in this case and others will prevail.”