A criminal defence firm’s advocate turned up to court last Wednesday to find their client was not produced because of Operation Early Dawn – an emergency measure triggered by the government to deal with prison capacity challenges. Now the Gazette has learned that the advocate tried to call the police station afterwards but no one picked up - leaving the firm with no idea where the client was and unable to inform them about why their case had been delayed.

The defendant was a client of London firm Bullivant Law. The firm’s director, Kerry Hudson, said the client was arrested and interviewed by police on Tuesday. He was charged and refused police bail, so ordinarily would have been produced at the magistrates’ court the following morning. The firm’s advocate attended court on Wednesday, but the client was not produced.

The firm received a 'bemused' court attendance note from the advocate stating that the client was not produced because of Operation Early Dawn, they may or not be produced the following day, they may or may not have been bailed, and the advocate would have to check with the cells the following day.

Hudson's colleague tried to call the police station that day but no one from custody answered. 'So we have no idea if our client was at the police station or elsewhere.' 

Hudson said: ‘It really is a disgrace. It is effectively holding clients incommunicado if they are not being held at the police station, and even if they are still at the police station, it is not acceptable for police to just ignore the custody phone as it means we are unable to give advice to our client about this operation or potential delays.

'This client would have correctly been advised by the police station attendee on Tuesday that he would be produced at court the next day. When he wasn’t, there was no way for us to relay this to him. He probably thought we were a rubbish firm for telling him the wrong information.’

The client was produced for an effective first appearance on Thursday. But the situation has left Hudson furious that practitioners were not notified about Operation Early Dawn sooner.

‘The Ministry of Justice must have known this would be on the cards at some point. They should have had their briefing prepped and ready to go if it was necessary to do this. It really isn’t fair to all those on the ground trying to keep the broken system on its feet let alone the affront to justice,' she said.

The ministry told the Gazette the decision to trigger Operation Early Dawn was taken on Tuesday morning, judges were informed shortly afterwards and lawyers were informed in the afternoon. The department added that Operation Early Dawn was operational in March in the north east, north west and the Midlands.

Operation Early Dawn is expected to end tomorrow, though the end date is being kept under review.

 

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