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19 June 2008
Issue: 7326 / Categories: Legal News , Local government , Public
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42 is not the answer

Legal news

Government concessions made to win the vote on 42-day detention will put more pressure on police to charge, endanger lives and threaten the cohesion of communities, terror experts claim.

Ali Naseem Bajwa, terrorism specialist at 25 Bedford Row, says the government’s case for the extension of the current 28-day limit to 42 days was “manifestly not made out” and that concessions offered by the Prime Minister, Gordon Brown, were “at best ineffectual, at worst misleading, and the result appeared to have more to do with political expediency than anything else”.

In a Commons speech on the day of the vote, Labour MP Diane Abbott said a compensation package offered by the government to suspects held for over 28 days and then subsequently released “will not survive scrutiny by the courts” and that MPs should not vote with the government based “on a shoddy compensation package that will not stand up and will never come into being”.

Bajwa says the proposals to “compensate” terrorism suspects are perhaps the most ill-judged of the concessions on offer.

“No monetary value can be placed on the inevitably terrible consequences of an unwarranted 4-6 weeks of pre-charge detention. An offer of compensation amounts to an admission that there will be a number of innocent persons detained under the proposed powers. In addition, if, as must be likely, no compensation is payable to those who are charged and then subsequently acquitted, there will be added pressure on the police/ CPS to charge innocent persons.”

Issue: 7326 / Categories: Legal News , Local government , Public
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MOVERS & SHAKERS

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

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Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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