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Driver Who Killed Student May Qualify for Early Release as Government Pauses Plan

Ministers have paused the Sentencing Act changes to review eligibility rules, delaying any decision on his release.

Overview

  • Officials from the Ministry of Justice contacted the family on Friday to say Malcolm Waite could be considered for early release under the Sentencing Act 2026.
  • Waite was convicted in November 2022 of causing death by dangerous driving after mounting the pavement on the A149 in Stalham and killing 20-year-old Fenella Hawes; he was jailed for eight years.
  • The prime minister ordered a pause and an urgent review of the early-release scheme after public outrage over high-profile cases, including the potential eligibility of two killers of PC Andrew Harper.
  • Fenella Hawes’s relatives say the MoJ contact has reopened trauma and they want anyone who has caused a death to be excluded from the scheme, saying the prospect of his return to the community is terrifying.
  • Under the Sentencing Act the scheme would let some people serving determinate sentences be considered for earned progression after about a third of their term, a change that could affect thousands and which the review may now narrow or alter.