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UK Can Now Hold People Without Charge For 42 Days
the_leander writes "Prime Minister Gordon Brown has narrowly won a House of Commons vote on extending the maximum time police can hold terror suspects to 42 days. There is talk of compensation packages available for the falsely accused. The chances of you getting that money however are slim to none, lets not forget, this is the same country that charges prisoners who have been falsely accused for bed and boarding costs."
....as the Bill in question has only been passed by the House of Commons. It's got to go before the House of Lords yet. Many commentators think it is not going to do too well there.
The bill defines how long you can hold someone without charging him with a crime. That's got nothing to do with how long, after he has been charged, it can take before he is tried.
As I understand it, the current limit is 28 days, so they're just tacking on an extra two weeks, and according to the BBC, they want the right on a "contingency basis" when the crime in question is particularly complicated and time-consuming to unravel, so they can figure out who's who and know whom to charge and whom to let go. An example they give is when there are international complications, e.g. the police need to get info from another country's police, immigration, or security services, which, of course, can take an annoyingly long time, since you have to rely on purely voluntary cooperation (no English judge can compel a French police caption, or a Saudi immigration agency, or the FBI).
In other words, as a general rule, the 28-day limit stays in effect, but in certain unusual circumstances -- e.g. something like the London bombing, evidence that some major operation has taken place, or is about to take place -- then the government can raise the 28-day limit to 42 days temporarily. Even if the limit is raised, a judge needs to sign off on applying it to any particular individual. Parlaiment can step in at any time after the limit is raised and reverse it. And, in any event, the raising expires after 60 days.
I dunno, when you look at the bill in detail, it seems rather, well, moderate. Not quite like the massive Armageddon / burning pile of civil liberties / return of the Gestapo, Inquisition, and the rack that lots of Chicken Littles seem to think it is. *shrug*
For the one or two outsiders who reads this, it's ROT-13 and reads:
In Soviet Russia, base 13 encrypts jokes.
Oh wait...am I now in violation with the DMCA?
There is also the fact that this is very likely to be in breach of EU human rights act.
Even if this does pass the Lords (unlikely), the European Courts will take interest and may very well overturn it. Remember that the British Courts & Parliment are answerable to Europe.
Anyone quoted by a reporter knows how little they understand
Don't believe what you read is the truth.
Really?
Real Daleks don't climb stairs - they level the building.
Er, even the article states that his £252k compensation was reduced, on audit, by £12.5k to cover the cost of keeping him for three years - and that in itself is a sum that works out at about what his SSP entitlement would have been over the period in which he was imprisoned, which is likely far less than the cost of actually imprisoning him (prisons being hellishly expensive to run). In short - he still walked away with £240k compensation. The implication that he somehow had to write a cheque himself is grossly misleading.
Moreover, the article is from the Daily "Hate" Mail, the newspaper that defines journalistic standards by contradiction; I'd more or less regard anything it prints as false by default, unless corroborated by a reliable source.
No, they're not - at least, not according to British law. As far as I'm aware (from a year and a half of a law degree), not even the ECtHR can force the British government to change the law - they can award damages against governments, and their opinion can have the effect of rendering such a law unenforceable, but that's all. Meanwhile, because of the longstanding doctrine of parliamentary supremacy, the British courts are estopped from examining the procedures of Parliament at all, despite HRA 1998; even if they find a law to be morally wrong, the most they can do directly is issue a "declaration of incompatibility" - which the government can counter by simply having a minister stand up in the Commons and say "No it isn't". (In fact, as all bills are required to be since HRA'98, this bill will have been declared by the government to be compatible with the ECHR; the onus will be on someone whose human rights have been damaged by it to prove that no such compatibility exists.)
Shadow home secretary David Davis has resigned as an MP, and will run for re-election on the single issue of fighting the 42 day rule.
Details still emerging, BBC News has some details
A pizza of radius z and thickness a has a volume of pi z z a