Emergency powers in case of prison overcrowding after riots

On Monday morning, Operation Early Dawn was launched, a long-standing plan to hold defendants in police cells and only summon them to magistrates' courts when space becomes available in prison.

The Ministry of Justice says the measure will be introduced in the North East and Yorkshire, Cumbria and Lancashire, as well as the Manchester, Merseyside and Cheshire regions.

Lord Timpson, Minister for Prisons and Probation, said: “We have inherited a justice system that is in crisis and facing shocks. That is why we are being forced to make difficult but necessary decisions to keep it running.”

“However, thanks to the hard work of our dedicated staff and partners, we have been able to create additional places in prisons and are now launching Operation Early Dawn to address the pressures being felt in some parts of the country.”

Riot police at Victoria Square (Image: Henry Lisowski)

Nev Kemp, Deputy Chief Constable and Head of Detention at the National Police Chiefs' Council, said: “We are working closely with partners in the criminal justice system to manage the demand on the system and keep the public safe.”

“The police will continue to arrest anyone they need to arrest to ensure public safety, including policing protests and events. They will make sure people are arrested as expected.”

Mark Fairhurst, national chairman of the Prison Guards Association, told BBC Breakfast the policy would lead to a “delay in justice”.

He said that while serious criminals would still end up in court and be guaranteed a prison cell, less serious criminals would either spend longer in police cells or be released on bail.

“At the moment it is a case of delayed justice because we are not overloading the police cells, so they may have to postpone some of their operations,” he said.

“When they arrest people, they have to make sure they are allocated a place in police custody because the cells may be full of prisoners.

“Of course they have to pay overtime to supervise the prisoners.”

But Mr Fairhurst made it clear that this did not mean that some people who would normally go to prison could avoid it.

Tom Franklin, executive director of the judges' association, said the measures would lead to delays in the trial of the defendants.

Speaking to BBC Radio 4's Today Programme, he said: “This means that some defendants will face delays in their trial because the prison service cannot guarantee that a place will be available for them if they are remanded in custody.”

He added: “We know that this is not the case in all regions, but in some regions, and we know that it will be reviewed throughout the working day.”

“We have been assured that this is a temporary measure.”

Following the riots across England following the knife attack on three girls in Southport, a total of 460 people appeared before the local courts in connection with the riots by the end of Thursday.

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Operation Early Dawn was launched by the Conservative government in May to combat prison overcrowding.

Last month, the Ministry of Justice said violence and self-harm in prisons had reached “unacceptable” levels, with prisons on the “brink of collapse” due to overcrowding.

Justice Minister Shabana Mahmood announced plans to reduce the proportion of prison sentences that prisoners must serve behind bars from 50 percent to 40 percent.

The temporary measure does not apply to persons convicted of sexual offences, terrorism, domestic violence or certain violent crimes.

It is expected that 5,500 offenders will be released in September and October.