Operation Early Dawn: what it means for solicitors

Defendants will be 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 will be held in a police station until they are summoned to court.

Many magistrates' court cases will be delayed.

Practitioners will not know if their clients’ cases will be delayed for sure until they get there.

This impact will be caused by a triage process for defendants.

We understand priority will be given to defendants in the most serious cases, meaning defendants who are not prioritised will be released on police bail.

We are waiting for more information from HM Courts and Tribunals Service (HMCTS) and the Ministry of Justice (MoJ) to clarify the practical implications, including how they will deal with the issue of the wasted costs solicitors may incur.

We will keep our members updated as we learn more about the measure.

Read the MoJ and HMPPS announcement

What's happening

19 August 2024 – Operation Early Dawn was reactivated to manage pressures in prisons in the north of England, following "longstanding capacity failures and recent outbreaks of far-right disorder".

24 May 2024 – the National Audit Office published a report explaining what has caused the significant backlog of criminal court cases.

The report highlights the decline in lawyers working in criminal defence due to a reduction in legal aid fees, stress and poor working conditions.

Our president Nick Emmerson said: “Urgent action is needed, including sustained investment across the criminal justice system, to ensure timely justice for all.

“If the government had listened to our warnings sooner, it would not have found itself in the critical state we now see with emergency measures being taken to deal with the crisis over prison spaces.

“The poor handling of Operation Early Dawn highlights the need for better engagement with legal professionals when such emergency measures are introduced.

“Solutions to the backlog will only be found if there is cooperation and communication with all those who work in the criminal justice system.”

16 May 2024 – HMCTS issued a letter responding to the contingencies in the magistrates' courts (PDF 557 KB). However, there remain too many unanswered questions on how this policy works in practice.

15 May 2024 – Operation Early Dawn was triggered by the lord chancellor to deal with the worsening problem of the prison population.

Share your experiences

Solicitors, continue to share your experiences including any financial impact you have faced as a result of this emergency measure, by emailing campaigns@lawsociety.org.uk.