Prisoners can be held up to 42 days without charge?

[bbwchingy0007]

http://news.bbc.co.uk/1/hi/uk_politics/7449268.stm

Basically, in the UK there are two houses; the House of Lords and the House of Commons. The Commons is elected via First Past the Post (plurality) and i regarded as the 'main' house, and the Lords are a collection of people who have been appointed or inherited their position. On Wednesday, there was a vote in the Commons to decide whether or not the limit for how long terror suspects could be detained for should be increased to 42 days from 28 days. Overall the motion was passed but by a vote of 315 to 306.

I'm not sure what the US Law on this type of thing, but I'd guess it's nearly non-existent due to Guantanamo Bay.

 

[CelticKing]

That would suck. So basically they can arrest you, keep you a few days and then release you and you can do nothing about it?

 

[bbwchingy0007]

Here's the basic storyline of events on the length of time a terror suspect could be held:

Pre-2000: Unsure, but less than 48 hours.

2000: 48 hours, can be extended to 7 days with permission from the courts

2003: Same as before but can be extended to 14 days

2006: can be extended to 28 days

Since: Blair attempted to extend it to 90 days but was rejected.

2008: Can now be extended to 42 days

This is meant specifically for terrorism (i.e. extension through the courts) but there is no real reason why they couldn't extend it for other things such as gang-related incidents or whatever. Regardless, though, you can be detained for 2 days without even knowing what you are there for and if the police get permission from the courts you could be there for 6 weeks and potentially not have done anything wrong, and just been a suspect.

Take a look at Jean Charles de Menezes (Wiki link) at what could happen when you're just a suspect. All he did was try to get on an underground train and he got shot 8 times. It transpired that he did not ever do anything wrong, but he looks vaguely Arabic and apparently lived in the same complex as suspects from the 21/7 failed bombings attempts. So, when he tried to get on a train, he was killed.

 

[AEM]

Even under the 2000 Act, Schedule 8 provided for much longer detentions than 48 hours.

For a fascinating analysis of American, British and German counter-terrorist statutes in the 21st century, check out Michael Jacobson's <u>The West at War: U.S. and European Counterterrorism Efforts, Post-September 11</u>.

And Guantanamo Bay is a wholly separate issue due its unique status vis a vis US domestic law.

 

[bbwMax]

I personally think it is a good idea. If we arrest someone as a terror Suspect then he/she will be a priority case so I'm sure Britain's Crack teams could solve it within 42 days.

As with the De Menezes case there was a big controversy with his mug shot. They claim that British Police photo-shopped the Brazilians face to make him look more Arabic. Basically to try and say that he could have been a terrorist.

 

[AEM]

Look particularly at Schedule 8

<div class='quotetop'>QUOTE </div><div class='quotemain'>(1) Subject to sub-paragraph (2), an officer of at least the rank of superintendent may authorise a delay—

(a) in informing the person named by a detained person under paragraph 6;

(b) in permitting a detained person to consult a solicitor under paragraph 7.</div>

and the consequences that could allow such a delay include:

<div class='quotetop'>QUOTE </div><div class='quotemain'>(4) (e) interference with the gathering of information about the commission, preparation or instigation of acts of terrorism,

(f) the alerting of a person and thereby making it more difficult to prevent an act of terrorism, and

(g) the alerting of a person and thereby making it more difficult to secure a person’s apprehension, prosecution or conviction in connection with the commission, preparation or instigation of an act of terrorism.</div>

What I'm trying to get at is that there already is precedent for much longer incommunicado detentions under the 2000 act than the 48 hours one.

 

[AEM]

<div class='quotetop'>QUOTE (Max @ Jun 13 2008, 12:59 PM) <{POST_SNAPBACK}></div><div class='quotemain'>I personally think it is a good idea. If we arrest someone as a terror Suspect then he/she will be a priority case so I'm sure Britain's Crack teams could solve it within 42 days.

As with the De Menezes case there was a big controversy with his mug shot. They claim that British Police photo-shopped the Brazilians face to make him look more Arabic. Basically to try and say that he could have been a terrorist.

</div>

Those barely look like the same person...