The Ministry of Justice has initiated an emergency measure, dubbed Operation Early Dawn, to tackle prison overcrowding in England. Under this measure, defendants held in police custody may remain there instead of being transferred to magistrates’ courts for bail hearings. This precautionary step is taken in case there is insufficient space in jail cells to accommodate the defendant if they are remanded into custody.

Currently, Operation Early Dawn is being implemented in London and the North East regions. The Law Society, representing solicitors in England and Wales, anticipates significant delays in many magistrates’ court cases, with priority given to the most serious offences. Defendants not prioritised for immediate hearings may be released on police bail.

The decision to activate this emergency measure has sparked debate, with opposition leader Sir Keir Starmer criticizing the government’s handling of the prison system. He questioned whether releasing prisoners early enhances national security, referencing concerns raised by a watchdog regarding the release of high-risk offenders.

In response, the Ministry of Justice emphasized the government’s commitment to keeping the most dangerous offenders incarcerated for longer durations. They attribute the pressure on prisons to various factors, including the aftermath of the pandemic and a recent barristers’ strike.

The Law Society contends that the prison space crisis is a consequence of longstanding underfunding of the criminal justice system. They lament the disruption caused to victims, witnesses, defendants, and legal professionals by the ongoing emergency measures.

The issue of early prisoner release resurfaced during Prime Minister’s Questions, with Sir Keir Starmer accusing Chancellor Rishi Sunak of allowing sex offenders to be released prematurely. The prime minister defended the scheme, asserting that individuals posing a threat to national security or convicted of serious offences are ineligible for early release.

As the debate continues, concerns persist regarding the strain on the prison system and the implications of emergency measures on public safety and the administration of justice.