The Observer newspaper has reported that Operation Early Dawn, a long-standing contingency measure that would allow defendants to be held in police cells until prison beds become available, could be triggered as early as next week to avoid newly  sentenced rioters overcrowding UK jails.

While greater capacity is needed to house those being sentenced, there could be a knock on effect.  Court dates could well be delayed or adjourned at short notice.  Mark Fairhurst, the national chairman of the Prison Officers’ Association, told Radio 4 that while he understood the announcement could come early this week, its introduction measure could also end up “clogging up police cells”.  In his opinion, this would have a “massive knock-on effect on the entire criminal justice system” and place huge pressure on the police service.

In his interview on Sunday 19^th August Mr Fairhurst said:

“This is all a result of the rioters. Last week, we had the biggest influx of new receptions I’ve seen for quite some time.  We had 397 new receptions. As of Friday, we only had 340 spaces left in the adult closed male estate which is feeling the most pressure.  I wouldn’t be surprised if at some point tomorrow morning the Ministry of Justice would announce that Operation Early Dawn kicks in to play at some point next week, probably Tuesday onwards.”

He went on to explain:

“The pinch points at the moment are the North East and the North West, so it’s likely that if you commit an offence in those areas you will be carted 100, 200 miles away from home to serve your sentence because there’s simply very few spaces.”

In response, a spokesperson for the Ministry of Justice spokesperson said:

“This Government will always make sure we have the prison places we need, and we have taken decisive action to see criminals who break the law swiftly brought to justice.  We will update on operational decisions in the normal way.”

If these operational decisions include the implementation of Operation Early Dawn, it could be considered to contradict a very recent announcement from Justice Secretary Shabana Mahmood. 

Her plan was to cut the portion of a sentence that must be served behind bars from 50% to 40% because of the “unacceptable rise” in prison violence and self-harming by inmates.  The plan was expected to result in 5,500 offenders being released from prison between September and October. 

Given the increasingly tough stance the government has taken with regards to sentencing rioters, it will be interesting to see if those convicted of rioting will continue to be afforded consideration for early release  under these plans or join those convicted for sex offences, terrorism, domestic abuse or violent offences in being excluded.

What laws are in place to sentence rioters overcrowding UK jails?

Following a wave of violent protests across the UK in late July and August that sparked after three young girls were stabbed in Southport, Britain’s Prime Minister Keir Starmer promised those involved would face “the full force of the law”.  Since then, hundreds – close to 500 according to some reports – of people have been arrested for their part in clashes with police and other groups and for involvement in attacks on mosques and hotels housing asylum seekers.

Mr Starmer said the most severe charges and sentences be levied against both those involved directly and those “whipping up this action online”.  He also stated anyone arrested would be held on remand, remaining in custody until they attended court.

The charges the rioters could face include:

• Violent disorder and riot which carries a maximum custodial sentence of between 5 and 10 years
• Arson and attempted murder which carries a maximum custodial sentence of life imprisonment
• Criminal damage which carries a maximum custodial sentence of 6 months to life imprisonment
• Other public disorder offences which carry a maximum custodial sentence of 6 months to 2 years
• Assaulting an emergency worker which carries a maximum custodial sentence of 2 years
• Burglary and criminal damage which carries a maximum custodial sentence of 10 years to life imprisonment
• Social media offences which carry a maximum custodial sentence of 6 months to 5 years

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