UPDATE: Family of grandmother killed in death crash plea for drivers' open prison bid to be rejected

Mary Byrne's family fears that Thomas Healey could soon be having day release visits to Bradford, within a couple of miles from where they live.

"We feel mortified about it. He was sentenced to six years imprisonment, and after just one year it seems that he is going to be back in the community, seeing his friends, socialising and having a life," said Mrs Byrne's daughter, Sam Rees.

"We are upset. Our mum will never get her life back."

The Probation Service has told relatives that the other driver in the case, Joseph Robinson, is about to make the same application.

The family, which has fundraised for road safety charity Brake and spoken of its determination to toughen the law, is enlisting the help of politicians to support its protests.

Mrs Byrne, 51, a mother-of-four who had seven grandchildren, was fatally injured when a minicab she was in was struck by a high-powered BMW 330i. The car was being driven at more than 60mph by 23-year-old Robinson, outside Mrs Byrne's home in Mandale Road, Horton Bank Top, Bradford, at 5pm on Saturday, April 20, 2013.

The nursing home cook had been returning after shopping for her mother and visiting a friend for her birthday when the tragedy happened just yards from the entrance of St John’s School, where a poster by her seven-year-old granddaughter Grace pleaded for drivers to be considerate.

The minicab was turning right to go into Mrs Byrne's drive when it was hit by Robinson's BMW, which had been racing Healey, who had been driving his father's Ford Focus ST.

Mrs Byrne was thrown from the vehicle and then struck by it as it was spun round by the impact.

Healey, of Brow Lane, Clayton, was convicted of causing death by dangerous driving and was jailed for six years in July last year.

Robinson, of Westminster Gardens, Clayton, who pleaded guilty to the charge, was sentenced to five years and three months.

Trial judge John Potter condemned the pair's "macho inspired bravado" which cost Mrs Byrne her life.

Mrs Rees, 35, said she has been visited by a victims support probation officer to inform her that Healey had requested to be moved to open prison conditions.

She said: "We have been told that such requests are usually upheld, and if he gets that he will be allowed regular day releases, which could include overnight stays at his home.

"We were asked for our thoughts and we said we are going to challenge it. He only lives two miles from where most of our family lives. We are allowed to ask for an exclusion zone where he would not be allowed to go on day release.

"We have heard that Robinson is now going to request the same."

Mrs Rees, of Glusburn, near Skipton, has contacted her MP, Conservative Julian Smith, to enlist his help. She has also contacted former Bradford South Labour MP, and Prisons Minister, Gerry Sutcliffe.

Mr Sutcliffe said: "It is distressing for the family. The Prison Service tries to get people back into society through rehabilitation. But it can be looked at and the probation service has to take into account the effect on victims.

"It should be looked at again on the basis of the impact it would have on Mrs Byrne's family. My view is that this should be dealt with cautiously and it is a bit soon for this to happen."

West Yorkshire Police declined to comment, but it is known it has been contacted about the request.

The Prison Service said a decision on whether a prisoner would be granted day release would only be made after they had spent time in open conditions.

A spokesman said: "Open prisons and temporary release are important tools in rehabilitating offenders , but they will not be used at the expense of public safety.

"Prisoners can only be transferred to open conditions once they have passed a thorough risk assessment and been deemed suitable.

"If their behaviour becomes a cause for concern they will be returned to a more secure establishment."

Skipton MP Mr Smith could not be contacted by the Telegraph & Argus for comment.