Ministers have launched emergency measures to ease prison overcrowding as more rioters are sentenced for their roles in the recent unrest.
The long-standing measure, known as “Operation Early Dawn,” allows defendants to be held in police custody until prison beds become available, and court dates can be hastily postponed or adjourned.
The system went live on Monday morning and will mean some defendants awaiting court appearances in the north of England will be held in police custody until prison spaces become available.
The government said measures to “tackle violent crime on the streets” had “exacerbated long-standing capacity issues in prisons”.
Prisons Minister Lord Timpson said: “We inherited a justice system in crisis and under shock. As a result we have had to take difficult but necessary decisions to keep the justice system functioning.”
The prime minister said the emergency measures would help “manage the pressures being felt in some parts of the country”.
He added that those who pose a danger to the public “will not be granted bail” and that police’s ability to arrest criminals will not be affected.
Nev Kemp, from the National Police Chiefs’ Council, said: “We are working closely with our partners in the criminal justice system to manage demand on the system and keep the public safe.”
“Police will continue to make arrests where necessary to protect public safety, including policing protests and events and ensuring arrests are made as scheduled.”
Mark Fairhurst, national president of the Prison Officers Association, said on Sunday the measures risked “crowding police custody” and blamed rioters for increasing pressure on prisons.
Mr Fairhurst told BBC Radio 4 on Sunday: “Last week we saw the biggest influx of new admissions we’ve seen for some time – 397 new admissions. As of Friday we only had 340 spaces available in the closed adult male area so that’s where we’re feeling the most pressure.”
“I would not be surprised if at some point tomorrow morning the Ministry of Justice announces that Operation Early Dawn will commence at some point next week, probably after Tuesday.
“The pinch is currently in the Northeast and Northwest. If you commit a crime in these areas, you are likely to be transported 100 or 200 miles from home to serve your sentence because there is barely any prison space available.”
Operation Early Dawn is an emergency measure implemented on a very short notice (usually less than a week) to address immediate and localised pressures on prison facilities. It strengthens coordination between police departments, the Prison Service and the courts to ensure that no one is taken to court until the Prison Service can guarantee a place for the detainee.
In May, following concerns about prison overcrowding, “Operation Early Dawn” was launched in London and the northeast of England, and has since been expanded across England. This meant that defendants in police custody were kept in prison and not transferred to magistrates’ courts for bail hearings in case there was no space to accommodate defendants in custody.
That same month, police were told to consider reducing the number of arrests they made due to a lack of prison space.
