Met Police will not stop arresting criminals during the prison crisis

The Metropolitan Police has refused to follow advice to make fewer arrests because prisons are running out of spaces to take suspects.

Sir Mark Rowley, the Met Commissioner, is said to be “furious” about the advice by the National Police Chiefs’ Council (NPCC) to consider pausing “non-priority arrests” and suspend operations that could trigger “large numbers of arrests” because of the overcrowding crisis in prisons in England and Wales.

It is understood that Sir Mark feels the advice crossed a line where police forces should be free to arrest suspects whom they believe to be a threat to public safety without any interference.

In a sign of the anger over the move, Dame Lynne Owens, his deputy, said the Met would “never agree” to pausing arrests and would always make the protection of the public its top priority.

The advice was issued by the NPCC last week at the same time as the Ministry of Justice (MoJ) was forced to order delays in bail hearings by magistrates to avoid increasing the number of criminal suspects being remanded into custody.

The emergency measures, known as Operation Early Dawn, were introduced as just 1,000 spaces were available in prisons despite the early release of hundreds of offenders to try to alleviate the shortage of spaces.

In her statement, Dame Lynne said: “The Met participated in the NPCC meeting last week where Operation Early Dawn and other emergency measures were discussed along with how the police could support Government to ease prison pressures.

“The Met asserted at this meeting, and we repeat again today, that we will always put protecting the public first and will never agree to pausing any necessary arrests. We will not hesitate to seek for suspects to be remanded in custody where the grounds for that are made out.

“We continue to work with the Government and other police services to ensure the safety of the public.”

Chris Philp, the policing minister, said there had been “no delays to arrests” since the guidance was issued. He said that the introduction of new measures allowing the early release of prisoners 70 days before their scheduled date from Thursday would mean that it would no longer be necessary to pause arrests.

Mr Philp told MPs that Chief Constable Rob Nixon, the NPCC criminal justice lead, had confirmed the arrest contingencies “were not required because the prison place situation in practice did not merit it”.

“[Mr Nixon] said [there are] no delays to arrests that he is aware of, and he has said that while a small number of people were conveyed to court in police cars and there were a small number of delays to arrival at court, no one who should have got to court in fact did not do so,” Mr Philp said.

“So, I am delighted to confirm to the House, the contingencies referenced in the letter in fact did not materialise and the short-term fluctuation referenced in the letter will be over tomorrow.”

‘Public protection remains a priority’

The original NPCC advice said: “Consideration is to be given to pausing non-priority arrests and any planned operations where large numbers of arrests may take place to ease the pressure within the criminal justice system.

“Notwithstanding, public protection remains a priority and a considered threat, harm and risk assessment is to be completed when considering any pause in police operations.”

Non-priority arrests are understood to include investigations that were yet to be carried out into a named suspect identified via CCTV or forensic evidence from a burglary. It excludes large-scale protests and public events that required a police presence.

The Ministry of Justice said it expected police cells to start freeing up from Thursday when the third emergency measure takes effect, which will allow some prisoners to be released up to 70 days early. The department said this should enable it to stand down Operation Early Dawn and resume bail hearings as normal by the end of the week.

‘Laws to lock up most dangerous offenders’

A Government spokesman said: “Public safety will always be our first priority. That is why we have backed our police with the officers and resources they need to keep our streets safe and are introducing new laws to lock up the most dangerous offenders for longer while delivering the biggest prison expansion programme in 100 years.

“We continue to see pressure on our jails following the impact of the pandemic and barristers’ strike and have initiated a previously used operational measure to securely transfer prisoners between courts and custody.”

But Shabana Mahmood, the shadow justice secretary, said: “It beggars belief that police are being told to sit on their hands and ignore crime because the Conservatives have mismanaged the criminal justice system so badly.

“Rishi Sunak’s rap sheet now reads: the rushed early release of domestic abusers onto our streets, deliberate delays to trials and victims waiting years for justice. The public will be absolutely dumbfounded. This cannot go on.

“Labour is the party of law and order. We will build the new prisons needed and make Britain’s streets safe.”