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01 February 2008
Issue: 7306 / Categories: Legal News , Public , Procedure & practice , Human rights
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Pre-charge detention extension attacked

Measures in the Counter-Terrorism Bill to further extend pre-charge detention in terrorism cases lack safeguards, human rights groups claim.

Measures in the Counter-Terrorism Bill to further extend pre-charge detention in terrorism cases lack safeguards, human rights groups claim.

The Bill would allow the home secretary to extend pre-charge detention for up to 42 days in terrorism cases, subject to a prior recommendation by the director of public prosecutions. However, Eric Metcalfe, JUSTICE’s director of human rights policy, says that although the Bill contains provision for subsequent debate by Parliament, there is nothing to prevent the home secretary extending the maximum period of detention to 42 days without prior Parliamentary or judicial approval.

Metcalfe says: “Scrutiny is no safeguard when there’s no evidence to scrutinise. Nor can scrutiny prevent the injustice of being held without evidence for 42 days. Phoney safeguards and a lack of evidence are no way to fight terrorism.”

Liberty has called for alternatives to the extension of precharge detention, such as the use of post-charge questioning and allowing phone-tap evidence to be used in criminal prosecutions. Liberty director Shami Chakrabarti says: “The government is right to abandon the divisive rhetoric of the ‘War on Terror’, but it must now abandon the counterproductive policies that went with it. Despite ministerial promises of exceptional circumstances and so-called safeguards, the reality of this Bill is an on-off button for six weeks’ detention without charge.”

MOVERS & SHAKERS

NLJ Career Profile: Ling Ong, London Market FOIL

NLJ Career Profile: Ling Ong, London Market FOIL

Ling Ong, partner at Weightmans and president of London Market FOIL, discusses her biggest inspirations, the challenges of AI and the importance of tackling unconscious bias

DWF—Imogen Francis

DWF—Imogen Francis

Director and head of IP team joins in Birmingham

Penningtons Manches Cooper—five promotions

Penningtons Manches Cooper—five promotions

Firm boosts partnership and costs practice with five senior promotions

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

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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