Guardian | Riots: Metropolitan police planned to hold all suspects in custody, leaked strategy amounts to a blanket policy of mass imprisonments and could lead to legal challenge, say lawyers. Read Operation Withern's prisoner processing strategy Senior Metropolitan police officers devised a policy of holding all people arrested on riot-related offences in custody and recommending that the courts also refuse bail after they were charged, according to a leaked "prisoner processing strategy" that lawyers argue could pave the way for a mass legal challenge.
The document, seen by the Guardian, was circulated to all investigating officers at the height of the violence two weeks ago by Operation Withern, the codename for Scotland Yard's emergency response to the outbreak of violence in the capital. It suggested that no one arrested in or after the riots should be let off with a caution – regardless of the offence – and that everyone arrested should be held in custody, with a recommendation that bail should also be denied when the case first goes to court.
Lawyers began proceedings on Monday for the first judicial review of the custody procedures, which resulted in 62% of those arrested for involvement in the riots remanded in custody compared with a normal rate of around 10% for more serious offences. They claimed the document amounted to a blanket policy of mass imprisonment of people.
The police document argues that the policy was necessary to prevent further public disorder as violence spread through the capital. But it also acknowledges that the force was so stretched at the height of the riots that it was "impractical" to bail people while they conducted "protracted" investigations, suggesting that investigating officers use special rules to fast-track cases to the courts with less evidence than is normally required. The recommendation could expose the Metropolitan police to accusations that it adopted a policy of "conveyer belt" justice in order to deal with its unprecedented workload.
The document, titled Operation Withern: prisoner processing strategy, includes a suggested statement for investigating officers to use in the prosecuting reports of individual cases, which are then passed to the Crown Prosecution Service. It says: "A strategic decision has been made by the MPS [Metropolitan Police Service] that in all cases an application will be made for remand in custody both at the police station, and later at court. This decision has been made in the interest of public safety and the prevention of further cases of disorder. The spontaneous nature of these offences and the significant burden it has placed on police resources has meant that not all inquiries have yet been completed. Some inquiries, such as gathering of CCTV, are not capable of being progressed at present due to the ongoing public disorder in and around London.
"As a result this case requires the application of a 'threshold test' for a charging decision based on the evidence present and the expectation that further evidence may be forthcoming."
