The government is “managing the risk” to public safety with its emergency measures to prevent prisons from overcrowding, Sir Keir Starmer said.
Speaking during a trip to Belfast, the prime minister blamed the “terrible inheritance” from the Conservative government and the recent far-right riots on his need to activate Operation Early Dawn.
The long-standing contingency mechanism delays defendants being summoned to a magistrates’ court until a prison space becomes available, should they be remanded into custody.
It was previously used by the Conservative government and allows defendants to be kept in police cells when prisons reach full capacity.
Asked whether the plan posed a risk to public safety in respect of policing resources being diverted, or more prisoners being bailed, Sir Keir said the government was making “really tough decisions, and nobody wants to take them”.
He blamed this on the “terrible inheritance of prisons that we had as an incoming government from the previous government”.
“There was a basic failure, which is a failure to have enough prison places for the number of prisoners that were being sentenced to prison,” the prime minister said.
“That was about as basic a failure of government from the previous government that you could possibly have got.
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“We’ve had to deal with that with the additional strain of the disorder in recent weeks.”
Pressed on the threat to public safety, Sir Keir said the government is “managing that risk… to make sure we do have the spaces available for the prisoners”.
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Do prisons have space for rioters?
Pointing to the swift response to the riots, the PM added: “I think the response of the criminal justice to the recent disorders has been a major reason that the disorders have subsided for the time being.”
The disorder erupted following the spread of misinformation online after the fatal stabbing of three young girls in Southport.
The Ministry of Justice said that in taking “decisive action to tackle violent thuggery on our streets”, the UK’s longstanding capacity issues in prisons, which it said had been operating at critical levels for the last several years, had been exacerbated.
What is Operation Early Dawn?
The measure allows people waiting to appear in court to be held in police cells until more prison spaces become available.
Defendants being held in custody are then only summoned before magistrates when the extra prison capacity is confirmed.
The process helps to minimise disruption to bail hearings and is seen as a short-term measure to manage capacity pressure in a number of regions.
The operation involves assessments being carried out every morning and throughout the day.
This looks at which defendants can appear in court and the prison locations available should they be remanded in custody.
The measure will not impact ongoing crown court trials with prisoners appearing at hearings and then returning to jail as normal.
Operation Early Dawn will not have any impact on the ability of the police to arrest criminals – and means anyone who poses a risk will still not be bailed.
Operation Early Dawn will be put in place in the North East and Yorkshire, Cumbria and Lancashire, and Manchester, Merseyside and Cheshire regions.
Downing Street said the plans could be triggered and deactivated several times over the next few weeks as needed.
Policy ‘will delay court hearings’
The move has concerned prison bosses and legal experts.
Tom Franklin, chief executive of the Magistrates’ Association, said the measures would lead to delays in defendants appearing in court.
Mark Fairhurst, national chairman of the Prison Officers’ Association, said while the most serious offenders would still end up in court and be guaranteed a prison cell, less serious offenders would either spend longer in police cells or be bailed.
However, he clarified that this would not mean that some people who would normally go to jail would avoid it.
Nick Emmerson, president of the Law Society of England and Wales, said that reactivating Operation Early Dawn would impact victims, defendants, and lawyers, and that sustained investment is needed in the criminal justice system “to avoid it collapsing completely”.
Last month, the Ministry of Justice said violence and self-harm in prison had risen to “unacceptable” levels as overcrowding pushed jails to the “point of collapse”.
The temporary move – which does not apply to those convicted of sex offences, terrorism, domestic abuse or some violent offences – is expected to result in 5,500 offenders being released in September and October.
Keir Starmer will sign a century-long partnership with Ukraine today, as the prime minister makes his first visit to the war-torn country in an effort to shore up support for Kyiv – just days ahead of the arrival of Donald Trump in the White House.
Sir Keir said the 100-year agreement underpinned Britain’s “steadfast support” for Ukraine as he reiterated European unity in the face of Russian aggression. The treaty and political declaration will be laid in parliament in the coming weeks.
“Putin’s ambition to wrench Ukraine away for its closest partners has been a monumental strategic failure. Instead, we are closer than ever and this partnership will take that friendship to the next level,” said the prime minister.
“The power of our long-term friendships cannot be underestimated. Supporting Ukraine to defend itself from Russia’s barbaric invasion and rebuild a prosperous, sovereign future, is vital to the government’s security and Plan for Change.”
The PM’s visit is part of a wider effort on the part of European leaders to shore up support for Kyiv as they ramp up discussions over regional security ahead of the handover of power in Washington. President Volodymyr Zelenskyy met with Prime Minister Donald Tusk of Poland on Wednesday.
The flurry of diplomatic activity comes as the conflict between Ukraine and Russia has intensified ahead of the inauguration of president-elect Trump, with Vladimir Putin trying to take as much territory as possible ahead of expected peace talks.
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On Wednesday, Ukraine’s state energy company was forced into emergency cuts after a massive Russian military attack.
Russia controls around a fifth of Ukraine after nearly three years of war and says any deal to end the conflict must take that into account.
In September 2022, it proclaimed four regions that it only partly controls as part of its own territory, which was condemned by the United Nations General Assembly (UNGA) as an “attempted illegal annexation”.
While President Joe Biden was steadfast in the US’s continuing support of Ukraine’s military effort, Trump has made it clear he wants to end the conflict quickly, hastening discussions about what a settlement might look like between Kyiv and Moscow.
In November, President Zelenskyy said for the first time in an interview with Sky News that Ukraine was prepared to temporarily cede territory to Russia to end the war if the conflict was frozen along current lines.
He added after a ceasefire was agreed, Kyiv could negotiate for the return of seized territory.
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Volodymyr Zelenskyy spoke to Sky’s Stuart Ramsay in Kyiv back in November about how a ceasefire could work.
Sir Keir has also changed his tone, from insisting allies must “double down” on support for Ukraine for “as long as it takes” at the November G20 summit, to saying British policy was now “to put Ukraine in the strongest possible position for negotiations”.
The prime minister will want to reiterate to President Zelenskyy that nothing is off the table, as the duo discuss the ongoing conflict, the impending Trump presidency and what a settlement could look like.
As part of the partnership deal, the UK will bolster military collaboration on maritime security through a new framework to strengthen the Baltic, Black and Azov seas.
President Zelenskyy has reportedly told journalists the two leaders will discuss the possibility of British troops joining a post-war peacekeeping force, as other European leaders such as French President Emmanuel Macron – who visited the PM at his Chequers country residence last week – and Tusk have similar conversations.
Ukraine relies on US support to continue the conflict, given it provides the bulk of military aid. But Trump has made it clear he is reluctant to keep funding the war, saying during the election campaign he would end it “within 24 hours” of taking office.
He has subsequently acknowledged that ending the conflict will be more difficult, but his administration is keen to press ahead: Trump has said he will arrange a call with Putin soon after his inauguration on 20 January, while the new US envoy to Ukraine, retired lieutenant General Keith Kellogg, said last week he wanted a solution to the war in the first 100 days of office.
The discussion around peacekeeping forces is part of a wider conversation among European allies about what security guarantees should be put in place for Ukraine, including buffer zones and the threat of more weapons for Ukraine in the absence of NATO membership.
President Zelenskyy has said any guarantees must be backed up by the US as the prospect of a NATO membership invitation fades from view.
Ukraine becoming a member of NATO is a clear red line for Moscow, with Putin describing Kyiv joining the security alliance as “an unacceptable threat”.
Last week, Trump acknowledged Moscow’s longstanding opposition to Ukraine’s ambition to join NATO, given it would mean “Russia has somebody right on their doorstep, and I can understand their feeling about that”.
European leaders are concerned Trump will force Ukraine into an unjust peace deal, and they will be shut out of the negotiations which will shape the security of the continent for many years.
NATO chief Mark Rutte last month cautioned Trump over his plans for a peace deal, warning it would lead to the West’s enemies “high fiving” and would only serve to embolden China, North Korea and Iran.
The PM has come under criticism from Conservative rivals for not visiting Ukraine sooner, with former defence secretary Grant Shapps saying he was “astonished” is has taken the PM six months in power to visit the country.
However, Sir Keir has met the Ukrainian leader six times, as well as hosting him twice at Number 10 since taking office in July.
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