header-logo header-logo

Prolonged detention

13 September 2007 / Julian Samiloff
Issue: 7288 / Categories: Opinion , Human rights
printer mail-detail

Extending the period for detention without trial or charge for suspected terrorists would unjustifiably erode civil liberties, says Julian Samiloff

The Brown government says that the risk of terrorist atrocities is so serious that people can be detained on mere suspicion and held in custody, although by the time the police need to charge or release their suspects, currently 28 days, there is not enough sufficiently cogent evidence available to charge them. 

The government is arguing for an extended detention period, saying that detention needs to be longer because terrorism is of global proportions, and thousands of suspects, sympathisers and identified terror groups—many of which, it is said, are actively preparing for a terror attack—need to be and are being kept under surveillance. It is said that these suspects are too dangerous to release pending investigations, and they must not be released to commit or help commit terror atrocities. Interestingly, the security forces somehow “know” that the terrorist suspects are involved in terror activities and yet they are not able to overcome the threshold charging test

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

Boies Schiller Flexner—Tim Smyth

Boies Schiller Flexner—Tim Smyth

Firm promotes London international arbitration specialist to partnership

Katten Muchin Rosenman—James Davison & Victoria Procter

Katten Muchin Rosenman—James Davison & Victoria Procter

Firm bolsters restructuring practice with senior London hires

HFW—Guy Marrison

HFW—Guy Marrison

Global aviation disputes practice boosted by London partner hire

NEWS
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
A construction defect claim in the Court of Appeal offers a sharp lesson in pleading discipline. In his latest 'Civil way' column for NLJ, Stephen Gold explains how a catastrophically drafted schedule of loss derailed otherwise viable claims. Across the areas explored in this week's column, the message is consistent: clarity, economy and proper pleading matter more than ever
back-to-top-scroll