Support truly
independent journalism
The government has triggered emergency measures to avoid prison overcrowding after the crackdown on rioters heaped pressure on already overflowing jails.
The measure, named Operation Early Dawn, will be put in place in the North East and Yorkshire; Cumbria and Lancashire; and Manchester, Merseyside and Cheshire regions.
Downing Street said the plans could be triggered and deactivated several times over the next few weeks as needed.
But what exactly is Operation Early Dawn, and why has it been triggered?
What is Operation Early Dawn?
Operation Early Dawn is a long-standing plan which allows defendants to be held in police cells and not summoned to magistrates’ court until a space in prison is available. The Ministry of Justice activated the measure on Monday morning.
The emergency measure was previously triggered by the Conservative government in May in a bid to tackle overcrowding in jails, when capacity in men’s prisons in England and Wales fell below 300.
The Prisons Service, courts and police in each region will assess which defendants can be transferred from police cells to courts to ensure there is a space for them if they were to be remanded in custody following their first appearance at the magistrates’ court.
The emergency measures are being constantly reviewed and could be revoked at any time. Ongoing trials in crown courts will not be affected.
Prisons and probation minister Lord Timpson said: “We inherited a justice system in crisis and exposed to shocks. As a result, we have been forced into making difficult but necessary decisions to keep it operating.
“However, thanks to the hard work of our dedicated staff and partners, we have brought forward additional prison places and now introduced Operation Early Dawn to manage the pressure felt in some parts of the country.”
Why has it been triggered now?
UK prisons have been operating at critical levels for the last several years, often with under 1 per cent capacity.
After the riots that broke out across England following the stabbing of three young girls in Southport on 29 July, a total of 460 people had appeared in magistrates’ courts. More than 1,100 people have been arrested so far, with almost 700 of those charged, according to the NPCC.
More than 100 people have been sentenced so far, adding increasing pressure to the overcrowded prisons.
As of Friday, there were only 340 spaces left in the adult male prison estate.
What impact will the measures have on prisons and courts?
Prison leaders and experts have warned Operation Early Dawn will lead to delays in the courts and prison system and affect victims, defendants and lawyers.
Mark Fairhurst, national chairman of the Prison Officers’ Association, warned the policy would lead to “justice delayed”.
He said the most serious offenders would still end up in court and be guaranteed a prison cell, but less serious offenders would either spend longer in police cells or be bailed.
“It’s justice delayed at the moment, because we’re not clogging up police cells, so they might have to delay some of their operations,” he told BBC breakfast.
“When they arrest people, they’ve got to make sure they’ve got them a custody space in police custody because we might have prisoners filling up their cells. Of course, they have got to pay overtime to supervise prisoners.”
Tom Franklin, chief executive of the Magistrates’ Association, said the measures would lead to delays in defendants appearing in court.
“What this means is there will be a delay in some people who have been charged coming to court because the Prison Service can’t guarantee if they were remanded in custody, there would be a place for them,” he told BBC Radio 4’s Today programme.
Nick Emmerson, president of the Law Society of England and Wales, which represents solicitors, said the emergency measures being used in prisons “illustrates the consequences of the long-term neglect of the criminal justice system” and that reactivating Operation Early Dawn would affect victims, defendants and lawyers.
What other emergency measures are in place?
Last month, the Ministry of Justice said violence and self-harm in prison had risen to “unacceptable” levels as overcrowding pushed jails to the “point of collapse”.
Justice Secretary Shabana Mahmood announced plans to cut the proportion of the sentence inmates must serve behind bars from 50% to 40%.
The temporary move – which does not apply to those convicted of sex offences, terrorism, domestic abuse or some violent offences – is expected to result in 5,500 offenders being released in September and October.
