Roughly 400 police cells are set to be used to temporarily hold inmates following an “acute and sudden increase” in the prison population, which has surged by more than 800 prisoners in the last two months. 

Speaking in the Commons, Damian Hinds said the overcrowding was partly due to a backlog of outstanding court cases. 

Mr Hinds said the overcrowding issue was isolated solely to male prisons and there was “ample” space in women’s and youth prisons. 

This protocol, known as ‘Operation Safeguard’ which was last used in 2008, is designated for times of “high demand”. 

He further explained: “It is the first time ever we have seen that sort of increase for two consecutive months.” 

Mr Hinds then told MPs the developing overcrowding in jails was partly caused by the impact of strike action by criminal barristers over the summer months. 

He said: “With many court hearings resuming, we are seeing a surge in offenders coming through the criminal justice system, placing capacity pressure on adult male prisons in particular.” 

The government had formally written to the National Police Chiefs to request the temporary use of police cells, Mr Hinds said. 

He then went on to add that Operation Safeguard was “not an unprecedented move” and is intended to only provide the immediate additional capacity to ensure the “smooth running” of the prison estate. 

However the Criminal Bar Association, who represent criminal barristers, disputed the minister’s claims saying that the overall prison population was already at a decade high of more than 13,000 well before they went on strike. 

Kirsty Brimelow KC chair of the Criminal Bar Association, has said the reason there is “insufficient barristers to prosecute and defend in cases” because they had left “due to poor legal aid pay and abysmal working conditions”. 

She said the system is currently well on “track for further crisis” and instead of blaming barristers “it is of greater public benefit to remedy the chronic neglect of the criminal justice system”. 

Prisons are argued by the some to be “failing in so many ways”, the shadow justice minister said. She referred primarily to the case of Exeter Prison, which last week was found to have the worst rates of self-harm in England and Wales. 

The Prison Governors’ Association, meanwhile, harrowingly warned that the plan would almost certainly cost the taxpayer more and said that the circumstances leading here were “not unforeseen”. 

It would also worryingly “inevitably reduce the available numbers of police personnel to attend their core, front line duties”, the organisation added. 

Only back in February the government said that 4,000 new prison places would be created as part of plans to increase capacity after it committed in 2021 to 20,000 by the middle of the decade. 

Also in the Commons, Justice Committee chairman Sir Robert Neill said prison numbers had “risen exponentially”. 

He further suggested there could be reason to reconsider whether it was “appropriate” to hold non-violent offenders in custody. 

Mr Hinds said it was “very important” to look at every option other than custodial sentences, but he said part of the reason for the rise in numbers was “tougher sentences for the worst offences”. 

The National Police Chiefs Council (NPCC) said these contingency plans were in place to launch the temporary measure and policing would “continue to conduct its operational business”. 

Deputy Chief Constable Nev Kemp said the NPCC would work with the government to ensure all oncoming arrangements were as “safe and efficient as possible”. 

The Ministry of Justice finished by saying the public would “rightly expect” the government to take the necessary action to create extra spaces for prisoners. 

With keeping the public safe and cutting crime “remains our number one priority”, it added.