PC Andrew Harper: Judges dismiss attorney general’s claim that killers’ sentences ‘too lenient’

Court of Appeal rejects ‘unusual’ arguments by attorney general, while throwing out defence attempt to reduce prison terms

Judges have dismissed an attempt by the attorney general to increase the prison sentences handed to the killers of PC Andrew Harper.

Suella Braverman took the unusual step of personally making representations to the Court of Appeal, where she argued the terms were “unduly lenient”.

She said the prison terms given for the manslaughter of the Thames Valley Police officer had caused “widespread public concern” and should be increased.

But on Wednesday, the Court of Appeal dismissed her arguments – and competing claims by defence lawyers that the punishments should be reduced - to leave their jail terms unchanged.

Driver Henry Long, 19, and passengers Albert Bowers and Jessie Cole, both 18, were jailed for dragging PC Harper to his death in July.

Long was jailed for 16 years and Cole and Bowers were each jailed for 13 years.

The attorney general had argued that Long should be jailed for life and that the passengers’ sentences were also “unduly lenient”, telling the Court of Appeal: “These are sentences that have caused and continue to cause widespread public concern.”

But in a written ruling, Dame Victoria Sharp, Lord Justice Holroyde and Mr Justice William Davis, said the sentencing judge had correctly followed guidelines and taken into account aggravating factors, as well as the defendants’ young ages and learning difficulties.

They said the sentence given to Long “would provide sufficient protection for the public” and it was “not reasonable to conclude that the custodial terms imposed on the offenders were unduly lenient”.

The senior judges appeared to criticise the attorney general, saying that rather than pointing out errors in following sentencing guidelines, she argued that the judge should have violated the guidelines.

“That is, to say the least, an unusual submission,” the judgment added. “We think it regrettable that, in advancing that submission, the structure and ambit of the guideline were not addressed.

“Nor was any sufficient explanation given why it is contended that the judge was not merely entitled to depart from the guideline but positively required to do so.”

PC Harper's widow, Lissie Harper, said she was “disappointed” with the Court of Appeal decision and still believed the sentences were inadequate.

“I feel along with the attorney general and the majority of our country that these sentences are far too lenient, that they do not reflect the severity and barbarity of the crimes they committed,” she added.

“I continue to feel let down by our justice system and the inadequate laws that we have in place.”

Ms Harper said she was “more determined than ever” to create a law in her husband’s name, which would allow life sentences for people who kill emergency services personnel.

“I will not give up until Harper's Law is passed through parliament and my husband’s death goes to stand for the heroic and honourable service he gave to us all,” she added.

In their judgment, the Court of Appeal judges offered their condolences and sympathy to PC Harper’s family and said they bore the “dreadful circumstances” of his death in mind.

“No one doubts the seriousness of the offending in this case,” they said. “No one doubts the importance of the fact that the victim was a police officer engaged in performing his duty in the service of the public.

“No one doubts the gravity of the harm caused, involving as it did not only the death of PC Harper in dreadful circumstances, but also the anguish suffered by his bereaved family. The issues before this court must however be resolved in accordance with the law.”

The trio denied knowing the 28-year-old officer was attached to their car during a high-speed getaway in Berkshire on 15 August last year.

But the sentencing judge said their denials were “plainly false”, adding: “By the time they left the body in Ufton Lane, they knew what it was they had been dragging.”

The Thames Valley Police officer and a colleague had been called to reports of a quad bike being stolen when they encountered the teenagers towing the vehicle on a narrow country lane.

PC Harper was caught in a strap used to tow the quad bike and dragged to his death as Long sped away, with Bowers and Cole as passengers.

The trio were cleared of murder at a retrial in July. Long admitted the lesser offence of manslaughter while his friends were convicted of the same charge.

At July’s sentencing hearing, Justice Edis said the case was “close to case of murder in its seriousness” and described the killers as “young, unintelligent but professional criminals”.

Bowers and Cole also applied for leave to appeal against their manslaughter convictions, but the Court of Appeal refused the attempt as “wholly unarguable”.

Judges did reduce the sentences imposed on the pair for conspiracy to steal, from 38 months’ detention to an 18-month detention and training order given their ages at the time of the offence.

“This does not affect the sentences for manslaughter and, because the sentences were concurrent, it does not affect the overall length of the sentences,” Dame Victoria said.

“The effect of our decision is that all three offenders remain convicted of the manslaughter of PC Harper and the overall length of their custodial sentences remain unaltered.”