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Monday 19 August 2024 9:10 am  |  Updated:  Monday 19 August 2024 4:04 pm

Operation Early Dawn: UK reactivates emergency court case plan after influx of rioters

By: Maria Ward-Brennan

Professional Services Editor

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The UK government has reactivated an emergency plan to delay court cases as the latest swarm of arrests following the riots adds to an overcrowded prison system.

The measures known as ‘Operation Early Dawn’ was introduced under the previous government in May. The aim of the initiative will cause delays for many magistrates’ court cases in England.

The Ministry of Justice (MoJ) stated that “in recent weeks, prisons in the north of England have seen hundreds of people enter the prison estate, after the government took decisive action to tackle violent thuggery on our streets.”

“This has exacerbated longstanding capacity issues in our prisons, which have been operating at critical levels for the last several years, often with under one per cent capacity,” the MoJ added.

The plan means means offenders will be summoned to a magistrates’ court only when it is confirmed that a cell in the prison estate is ready for them, should they be remanded into custody.

They will be held in a police station until they are summoned to court.

The MoJ suggested that “Operation Early Dawn helps to manage the prison capacity pressure felt in the short-term in a small number of regions.”

“This action has been taken to ensure that we always have enough prison places to lock up those who choose to break the law,” it added.

Operation Early Dawn is expected to be implemented to address capacity concerns in North East and Yorkshire, Cumbria and Lancashire and Manchester, Merseyside and Cheshire.

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As of the 16 August, the MoJ released data to reveal that 460 people arrested in connection with riots earlier this month have went to court, with at least 99 already been sentenced.

The government took a hard-line on the violent rioting that was seen across the country earlier this month. The Crown Prosecution Service (CPS) deployed extra criminal lawyers to deal with the fallout.

However, this came on a backdrop of a crumbling criminal justice system. The then newly-appointed justice secretary Shabana Mahmood revealed in July her emergency plans to free up prison spaces in order to tackle the issue of overcrowding.

The temporarily plan would see the government reduce the proportion of certain custodial sentences served in prison from 50 per cent to 40 per cent.

These measures, which come into force in September and October, will include important safeguards and exemptions to keep the public safe and clear release plans to manage them safely in the community.

Commenting on the reactivated plan, 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.”

Commenting on the news, Tom Franklin, chief executive of the Magistrates’ Association said: ““This emergency measure – while it is necessary – also demonstrates the parlous state of the criminal justice system and the need for an injection of more resources at every stage of the justice process.”

““As well as considerable investment in the whole criminal justice system….we need a holistic long-term approach to the problems in the criminal justice system, where all parts are considered as one system, and a discussion about the purpose of prison and indeed other types of sentences,” he added.

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