Judges could be called on to sit in late-night courts to deal with a “surge” of people being charged after protests in London.
More than 100 Just Stop Oil activists were taken into custody by the Metropolitan Police on Monday after a demonstration on the A41 near to Brent Cross.
The mass arrests come after 126 people were detained by police on Saturday as far-right groups congregated in central London around the Cenotaph and hundreds of thousands of people marched in support of Palestine.
Police are also engaged in a concerted effort to track down attendees at past pro-Palestine marches who are suspected of showing support to the terror group Hamas.
On Monday afternoon an email from the Legal Aid Agency was sent to solicitors, seeking legal representatives to be on duty at Highbury Corner magistrates court between 4pm and 8pm.
“HMCTS is running extra evening courts”, the message said, identifying Tuesday and Thursday this week as potential dates where extra cover is needed.
The news caused consternation among lawyers who have long-resisted Ministry of Justice attempts to introduce extended working hours beyond the usual 10am to 4.30pm court day.
The Criminal Bar Association told its members they are “not obliged, contractually or otherwise, to attend court out of hours”, adding: “We are mindful of the disruptive and harmful impact working outside normal hours have on practitioners, both personally and professionally particularly on those with caring responsibilities.
“We do not accept there is any justification for a departure from normal court hours, nor have we seen an impact assessment preceding the HMCTS communication.”
In response, HMCTS posted an explanation on social media, saying: “As part of our contingency planning, we routinely work with criminal justice partners to prepare for emerging issues, such as protests, that could lead to increased court activity and impact the wider justice system.
“Seeking judicial approval to run additional courts is one contingency & would only be used at Highbury Corner Mags' Court as a temp measure when responding to a surge in demand.
“We’ve a statutory duty to ensure those held in custody are brought before the court as soon as practicable. None of which have been used so far this week.”
Eco-activist Greta Thunberg is among a group of protestors who are due to appear at Westminster magistrates court on Wednesday morning, to face allegations that they refused to leave the road and caused disruption during a Just Stop Oil demonstration last month.
Scotland Yard said on Tuesday morning that 115 Just Stop Oil activists had been detained on Monday for “slow marching on the A41 in Hendon”. Commander Colin Wingrove said: “This has been the most amount of Just Stop Oil arrests we have made in a single day during their autumn campaign.
“Their disruption was a day after an emotional and intensive weekend in London.
“We want officers in our communities to be that reassuring presence. Instead, we are having to remove some of them to arrest and transport 115 activists tocustody.“Protest is a fundamental part of democracy and something we are proud to uphold. However, Just Stop Oil are openly encouraging people to break the law and causing criminal damage which we will not tolerate.”
On Saturday, the Met said 126 people had been arrested in the wake of violence clashes between police and far right demonstrators.
A group of attendees at a pro-Palestine march were also detained in the street by police.
Magistrates courts do not routinely sit in evening sessions, but the measure can be called upon in times of crisis. During the 2011 riots, London’s courts sat late into the night to deal with a mass of arrests and defendants being held in custody.
