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01 April 2010 / Beth O’reilly , Ali Naseem Bajwa
Issue: 7411 & 7412 / Categories: Features , Human rights
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Terrorising the innocent

The government should heed advice to reduce terrorism detention, Ali Naseem Bajwa & Beth O’Reilly

The last decade has seen investigators being granted a wave of new and wide-ranging powers to counter the modern terrorism threat. Among the expansion of powers was a significant increase in the terrorism pre-charge detention limit. However, a case study of Operation Overt, the “Heathrow” or “airline liquid bomb case”, graphically illustrates the flaws in extended terrorism detention and the danger it poses to innocent suspects.

When the Terrorism Act 2000 was introduced, the limit on terrorism pre-charge detention was seven days. This was increased in 2003 to 14 days. In 2006, a government proposal to increase it to 90 days was defeated but a compromise of 28 days was passed. In 2008, the government sought yet again to increase the limit to 42 days but was forced to abandon its plans following a heavy defeat in the House of Lords. Not to be deterred, the government shifted the 42-day provision to the Counter-Terrorism (Temporary

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Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

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Muckle LLP—Roland Fairlamb

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