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Influx of rioters could trigger emergency plan

An emergency plan to avoid prison overcrowding could come into effect as early as “next week” as more rioters are convicted, the prison guards' association said.

This could involve the use of Operation Early Dawn, an emergency plan that allows defendants to be held in police cells until prison spaces become available.

The government has promised swift sentencing for those involved in the riots that followed the fatal stabbing of three girls in Southport, which has seen hundreds of them appear in court across the UK.

But the POA's national chairman told BBC Radio 4's Sunday programme “Broadcasting House” that this risked “clogging up prison cells”.

Mark Fairhurst said he would not be “surprised” if the Justice Department announced sometime tomorrow morning that “Operation Early Dawn will begin sometime next week.”

A Ministry of Justice spokesman told the BBC they would “provide information on operational decisions in the usual way”, adding that the government would “always ensure that we have the prison places we need”.

During Operation Early Dawn, defendants were not allowed to leave police cells for sentencing unless it was confirmed that a prison bed was available for them.

Fairhurst warned that this would have “massive knock-on effects on the entire justice system” as police cells would be overwhelmed and officers would “no longer have the power to arrest and lock people up,” he said.

He said last week 397 new recordingsthe “largest influx” he had experienced in some time, and that on Friday there were only 340 places left in the closed residential complex for adult men.

The pressure on the prison system is “really, really great,” he warned, adding that offenders may be sent hundreds of miles from home to serve their sentences in a prison with few places.

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

This temporary move – which does not apply to people convicted of sexual offences, terrorism, domestic violence or certain violent crimes – is expected to lead to the release of 5,500 offenders in September and October.

Last Monday, the government confirmed that those involved in the recent unrest would not be exempt from plans to release some prisoners early.

MEPs have already approved the laws that will allow the plan to be implemented. Any changes to the legislation could require a short-term update if additional exemptions are to be included.

Operation Early Dawn was previously triggered by the conservative government in May to combat prison overcrowding.