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A balancing act

05 August 2011 / Hle Blog
Issue: 7475 / Categories: Blogs
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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

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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