An emergency measure has been triggered by the Ministry of Justice to deal with prison overcrowding in England.

Operation Early Dawn will see defendants in police custody remain there – and not be transferred to magistrates’ courts for bail hearings – in case there is no prison space for that prisoner if they are remanded into custody.

Sky News understands the measure is just being used in London and the North East, at the moment.

The Law Society, which represents solicitors in England and Wales, says many magistrates’ court cases will be delayed as a result, with the most serious cases given priority.

Defendants who are not prioritised will be released on police bail, the Law Society added.

At Prime Minister’s Questions, Sir Keir said the “prison system is in chaos” and asked the prime minister if his decision to “let prisoners out 70 days early makes our country more secure”.

A Ministry of Justice spokesman said: “This government is categorical that the most dangerous offenders should stay behind bars for longer, which is why new laws will keep rapists locked up for every day of their prison sentence and ensure life means life for the most horrific murderers.

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“We continue to see pressure on our prisons following the impact of the pandemic and barristers’ strike which is why we have initiated a previously used measure to securely transfer prisoners between courts and custody and ensure there is always a custody cell available should they be remanded.”

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