header-logo header-logo

05 August 2011 / Hle Blog
Issue: 7475 / Categories: Blogs
printer mail-detail

A balancing act

Halsbury's Law Exhange blogger Simon Hetherington on the inidividual liberty of terrorism suspects

"The see-saw on which are perched, at opposite ends, the interests of security and those of individual liberty has tilted a little in favour of the former.

There are problems, it appears, concerning the emergency extension of custody limits of suspects in terrorism investigations. The scenario is that periods might be increased from 14 days to up to 28, (though not, so far at least, to the controversial figure of 42).

A couple of months ago the Home Secretary warned Parliament that it would have to consider the problem of how to extend those limits in cases of urgent need, without discussing the cases themselves. Now, in addition, there is the concern that the time at which the granting of such an extension is necessary might fall when Parliament is not sitting.

These are two serious problems. Or at least they are serious problems once the premise beneath them is accepted, that the investigation of terrorist offences takes precedence over the individual

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll