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Putting aside the ethical question of whether wrongdoing is better or worse when you didn’t mean it, there is the practical question of whether it’s possible to be deterred in advance from an act that you didn’t intend. By definition, this new law will predominantly affect criminals whose actions accidentally resulted in death, since murder carries a mandatory life sentence anyway. It is highly questionable, however, whether giving a mandatory life sentence to anyone whose actions cause a death in service does actually protect those public servants. This, Harper’s law indicates, is more important than more abstract questions, such as whether it is possible or desirable for a judicial system to sort citizens into a hierarchy of good ones versus bad ones, and build different laws around each. The law is a social tool for mitigating those dangers. In order for all of us to live peaceably, some must put themselves in danger, and gratitude for this demands a responsive reciprocity. It’s a principle that is echoed in rhetoric around ex-service personnel, prison officers, nurses and, more recently in the wake of Covid, bus and delivery drivers. There is a principle at the core that is unarguable: people who put themselves at risk to protect others deserve a more ardent protective social shield than an ordinary citizen. Appeal judges had already rejected calls to increase the sentences.
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It’s essentially to redress that balance – the loss of such an upstanding, public-spirited and altruistic character as Andrew Harper, distortedly mirrored in the leniency toward three antisocial, callous criminals – that Lissie Harper pursued this law change. It was understandable to perceive, as Lissie Harper did, that rather than facing justice, Long, Cole and Bowers had slipped through its technicalities and niceties, that their punishment was insignificant compared with the harm they had caused.
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It emerged after the trial that the jurors had been given extra security amid fears of potential intimidation by supporters of the defendants. Their sentences weren’t insignificant – Long’s was 16 years Cole and Bowers were both sentenced to 13 – but their conduct was unrepentant, chilling.
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Harper’s killers, Henry Long, then aged 18, and Jessie Cole and Albert Bowers, both 17, were all cleared of murder and convicted of manslaughter. Some crimes and their subsequent prosecution demand systemic change others feel simply unresolved by the legal outcome, and it’s hard in the moment to distinguish between the two. The pair were newlyweds when the police officer was killed.
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It introduces mandatory life sentences for anyone whose crimes result in the death of an emergency service worker, and is expected to take effect at the start of 2022, after a successful campaign by Harper’s widow, Lissie. Harper’s law is named after PC Andrew Harper, killed in pursuit of three quad bike thieves in 2019.