An emergency plan to avoid overcrowding in jails is expected to be triggered on Monday as more rioters are sentenced, Sky News understands.
Operation Early Dawn is a long-standing plan that allows defendants waiting for a court appearance to be kept in police cells until prison space is available.
Sky News understands that the operation is likely to be started on Monday morning.
However, it could mean court dates are delayed or adjourned at short notice.
Prosecutors have been trying to fast-track cases of people accused of involvement in the recent riots in parts of the UK, with 927 people arrested and 466 of those charged by last Monday.
Earlier, Mark Fairhurst, chairman of the Prison Officers’ Association, predicted an announcement about Operation Early Dawn could come as early as Monday.
“I can say with confidence at some point this week, because they’re so short of spaces, Operation Early Dawn will kick in,” Mr Fairhurst told Sky News.
He described the operation as “essentially a triage system for prisoners held in police cells.”
“We will only take to court those prisoners we can guarantee a prison cell for, so only the most serious offences will be heard at court,” he continued.
“But if somebody needs to be in prison, they will be in prison, we will find a space.”
The number of spaces within the prison estate had been left dwindling after arrests following recent disorder and rioting across the UK, he previously said.
Mr Fairhurst said the North East and North West were under particular pressure and offenders there faced being “carted 100, 200 miles away from home” to serve their sentence.
Read more:
Prisons feeling the pressure from wave of UK riot charges
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The Ministry of Justice said last month that violence and self-harm in prisons was at “unacceptable” levels with overcrowding pushing some to the “point of collapse”.
A scathing inspection of HMP Wandsworth in southwest London also revealed “chaos” and “appalling conditions”, stemming from “poor leadership at every level”.
To free up space, Justice Secretary Shabana Mahmood also plans to temporarily cut the proportion of a sentence that must be served before parole is possible from 50% to 40%.
It’s expected to mean 5,500 people being released in September and October.
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It won’t apply to those convicted of terrorism, sex offences, domestic abuse and some violent offences. The government confirmed people involved in the riots also won’t be eligible.
Operation Early Dawn was last used in May by the previous government, again to try to ease overcrowding.
The Law Society warned at the time that cases could be delayed and solicitors were unlikely to know if their clients’ cases would definitely be heard until they arrived at court.
A 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.”
