Dominic Raab was accused of a "foolish and unrealistic" prisons policy after his department had to request the emergency use of 400 police cells for the first time in 14 years.
Ministers blamed the recent barristers' strike for an "acute and sudden increase in the prison population" of 800 in two months - a claim challenged by charities, MPs and unions.
The Ministry of Justice wrote to the National Police Chiefs' Council to establish the Operation Safeguard protocol.
Damian Hinds, the prisons minister, blamed the Criminal Bar Association strike action over the summer for the "acute and sudden increase in the prison population".
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