Cunliffe, now 29 and registered blind, is serving life for his part in the 2007 drink-fuelled murder of father-of-three Mr Newlove, 47, in Warrington, Cheshire. Mr Newlove’s campaigning wife Helen, now 58, was made a peer and appointed victims’ commissioner by David Cameron’s government in 2012. Cunliffe, then 16, was one of three teenagers found guilty of Mr Newlove’s murder at Chester Crown Court in January 2008. He was sentenced to serve a minimum of 12 years, which expired on August 14 last year.
Mr Newlove had objected to vandals damaging his wife’s car outside their home.
The Parole Board considered Cunliffe’s release last December, but it was reviewed following a gathering inside his cell days before Christmas.
Cunliffe was then moved from an open prison into “closed conditions”. Judge Topolski said it was believed there was “some alcohol” as well as violence, but it was not suggested Cunliffe was involved in the violence.
His case was adjourned but following a hearing in September, the Parole Board decided he should be released.
Mr Buckland said after the jail incident there was “insufficient evidence” to justify his release.
But Judge Topolski said the Parole Board found it was “no longer necessary for the protection of the public” for Cunliffe to remain in prison.
A board spokesman said: “The Parole Board has immense sympathy for the families of murder victims and recognises the pain and anguish they have endured.
“A senior judge of the board has found the decision of the original panel was a rational one justified by the evidence they considered.” The spokesman was unable to give an exact date for Cunliffe’s release.