Prison overcrowding triggers emergency measures

It's finally happened. After months of warnings, the government today took emergency action to ease prison overcrowding. Across the north of England, defendants awaiting court dates are being held in police cells until prison space becomes available. The system, known as Operation Early Dawn, was activated this morning – the second time in four months.

Under these measures, defendants will only be summoned to a magistrates' court if there is a space available in prison, before being held in police cells or released on bail while awaiting trial. Prisons in the North East and in Yorkshire, Cumbria and Lancashire, Manchester, Merseyside and Cheshire are all affected, with the Ministry of Justice insisting that no one who “poses a danger to the public” will be released on bail.

Today's move comes as more rioters are being sentenced for their role in the recent unrest. Mark Fairhurst, chairman of the Prison Officers' Association, told the BBC that last week the prison had seen its biggest influx of new admissions in recent times: “We had 397 new admissions. As of Friday we only had 340 places left in the adult men's closed prison, which is the most under pressure.”

So far, more than 1,000 people have been arrested in connection with violent unrest and more than 470 people have been charged. The government argues that the measures to “tackle violent violence on our streets” have “exacerbated long-standing capacity problems in our prisons”. Lord Timpson, the prisons minister, says that “we have inherited a justice system that is in crisis and subject to shocks”, requiring “difficult but necessary decisions to keep it running”.

Timpson's argument is valid: even before the riots, the prison system was on the brink of collapse. Overcrowding was top of Sue Gray's “shit list” in early May, when Labour was in opposition. That same month, the Sunak government launched “Operation Early Dawn” for the first time in London and the North East. Tory ministers were sent on radio and television to defend the early release of prisoners. In June, the Prison Governors' Association warned that “the entire criminal justice system is on the brink of failure” with fewer than 1,400 places available.

This month's violent riots have now proved to be the last straw. In the short term, Labour has good reasons to blame the Tories for creating this crisis. But Starmer and his justice minister, Shabana Mahmood, face a series of unenviable decisions to ease pressure on prisons in the medium term, including more early releases. As opposition leader, Sir Keir Sunak was attacked for releasing prisoners early; as prime minister, he was praised for his decisive handling of the riots.

Locking up rioters has proven popular; releasing other criminals may be less popular.