Revival of Early Dawn contingency mechanism illustrates long-term neglect of criminal justice system, Law Society says

By Gazette Reporter >>

(19 August 2024)

Today’s announcement of the revival of ‘Operation Early Dawn’ to manage prison capacity pressure is a symptom of long-term neglect of the criminal justice system, the Law Society has said. 

HM Prison and Probation Service today said it had reactivated the contingency mechanism to ensure that enough prison places are available to accommodate convicted offenders. Under the scheme, alleged offenders ‘are 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 are held in a police station until they are summoned to court.

Announcing the measure, Lord Timpson, prisons and probation minister, 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. However, thanks to the hard work of our dedicated staff and partners, we have brought forward additional prison places and now introduced Operation Early Dawn to manage the pressure felt in some parts of the country.’

Law Society president Nick Emmerson said the emergency in prisons ‘illustrates the consequences of the long-term neglect of the criminal justice system’. This is only one of many connected problems following decades of underfunding and cuts, he said. ‘We have seen growing backlogs in the magistrates and Crown courts, a shortage of lawyers, judges and court staff and a crumbling court estate. Probation services are still on their knees. 

‘Government is having to take difficult steps to deal with the crisis it inherited, such as reactivating Operation Early Dawn, which will impact victims, defendants and those working in the system including solicitors. In the longer-term, sustained investment is needed across the criminal justice system in order to avoid it collapsing completely.’

According to the government, Operation Early Dawn involves an operational assessment being made each morning and throughout the day by the Prison Service, courts and police on which defendants can be transferred from police cells and taken to courts to ensure there is a safe and secure location if a defendant is remanded to custody.

When previously operated, Operation Early Dawn has helped to minimise disruption to bail hearings and manage the movement of prisoners across the justice estate, the announcement said. 

The criminal justice areas in which Operation Early Dawn is expected to be implemented are: North East and Yorkshire; Cumbria and Lancashire; Manchester, Merseyside and Cheshire, and East and West Midlands.

The government will keep this measure under constant review and will activate or deactivate as necessary, the announcement said.

(Courtesy: The Law Society Gazette)