Slashdot Mirror


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."

28 of 650 comments (clear)

  1. As opposed to the US ... by NoMaster · · Score: 5, Insightful

    ... where it's currently 6+ years and counting.

    Oh wait, I forgot - they're not being held by the police, and they're not actually in America. My bad.

    --
    What part of "a well regulated militia" do you not understand?
  2. Great... by zebslash · · Score: 5, Insightful

    We don't need terrorists anymore, we are doing their job for them. Thanks Gordon.

  3. Hmmm.... by Space+cowboy · · Score: 4, Insightful

    As mentioned above, the bill has to make it through the house of lords yet, and since the Lords are usually the "conscience" of the legal process in the UK (weird, but true), it's highly unlikely to make it.

    And, of course, 42 days in police custody, still with all human-rights privileges and in a standard jail subject to standard civilian law is a significantly better deal than several years in a foreign military jail, with questionable legal status, and subject to military law and "process". I very very much doubt these suspects, held for 42 days maximum, will be tortured and humiliated, either.

    In other words, glass-house-dwellers, throw no stones...

    Simon.

    --
    Physicists get Hadrons!
    1. Re:Hmmm.... by tomalpha · · Score: 4, Insightful

      The tragic thing about all this, is that it won't get through the upper chamber and Gordon Brown knows this. His problem was that losing the vote would show him up as a weak leader, and not in control of his own party. This way he'll get to blame the unelected House of Lords (many of whom he and Tony appointed under their People's Peers programme) for the legislation not being passed.

      Ironically, we may end up with all the negative effects from such legislation without any of the (supposed) benefits - i.e. actually being able to lock people up. World + dog outside the UK will believe that it's been passed, removing us even further from what little moral high ground we've got left to stand on and eroding UK citizens' perceptions of their own liberty. This is perhaps the first time I've ever said this, but thank god for the unelected, undemocratic House of Lords. Without them, this would already be law.

      Am I simplifying this? Probably, yes. It just seems that regardless of the merits or otherwise of this legislation (and no Slashdot, I'm not arguing in favour of it), getting the vote through the House of Commons was more about saving Brown's arse than actually achieving anything.

  4. Slashdot, as usual, can't wait to bash Britain. by Gordonjcp · · Score: 4, Insightful

    To hell with facts, let's just post grossly misrepresented stories. The police *can't* hold terror suspects for 42 days, until this is passed by the House of Lords, which is unlikely to happen.

    I could understand it if /. got similar stories in the US so utterly wrong, for example if some congressman from Bumfuck, Iowa proposed the death penalty for people caught with more than 1g of cannabis, and /. reported it as a huge roundup and mass execution of dope smokers.

    Of course, it's posted by samzenpus, who seems to have a particular dislike of the UK.

  5. Re:Jumping the gun a bit.... by mpe · · Score: 5, Insightful

    ....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.

    However there are still 315 people who really should be held for 28 days without charge. Are there enough truely patriotic police to do this though.

  6. Re:Jumping the gun a bit.... by Anonymous Coward · · Score: 5, Insightful

    It's got to go before the House of Lords yet

    Ah yes, our fine tradition of having decisions by the people we elect overturned by a bunch of unelected lords.

    Nope, nothing wrong with our system at all. Those unelected lords are there precisely to stop bad (but popular) laws from being passed.
  7. Re:At least... by NoMaster · · Score: 5, Insightful

    No fair - the ones sent to Australia were already charged, tried, convicted, and sentenced; and at least they were still in the Commonwealth & subject to British/colonial law & legal process.

    Only barbarians would ship their alleged criminals to some overseas outpost then claim they had no recourse to the laws of the country...

    --
    What part of "a well regulated militia" do you not understand?
  8. With two words, I destroy your argument by Space+cowboy · · Score: 5, Insightful

    "Guantanamo bay"

    or how about: "Abu Ghraib"

    The US certainly has no moral high ground. They rape, torture, and sexually humiliate *suspected* terrorists, in a foreign land, out of sight of the people because they're so ashamed of what they do in the people's name.

    If (I'm not, but *if*) I was a suspected terrorist, I'd take 42 days maximum in a standard UK jail, held under standard UK law by standard UK law-enforcement over indefinite detainment in a foreign military prison, with no legal status, and denied the right of habeus corpus. I'd prefer to be jailed in the UK rather than tortured and sexually abused by the US military.

    Just saying. I continue to hope that the American people abhor and remove this stain on their countries honour, but it seems to be getting worse, not better.

    Simon.

    --
    Physicists get Hadrons!
    1. Re:With two words, I destroy your argument by Space+cowboy · · Score: 5, Insightful

      I guess my point in all this was people like to point at Gitmo and so forth and be like "OMG US IS TEH SUXXOR" but the fact remainds if their government was confronted with a similar situation it's highly likely they would ot he same. Or worse. Then your point was poorly made. Very poorly made.

      The UK suffered at the hands of terrorists (these terrorists mainly funded by US organisations like Noraid, actually) for several decades. Nothing like Gitmo was ever set up - people committing acts of terrorism were in fact denied the status of terrorists and charged as common murderers, then locked up in civilian jails if found guilty under the normal due process of law.

      Now the UK was hardly blameless in the actions that started the terrorism, but it tried to maintain a diplomatic solution (even engaging with the political wing of the terrorist organisations) that eventually more or less worked. Throughout "the troubles" in Northern Ireland, even though the military were called in to keep order, all suspected terrorists were processed through a civilian court.

      There is no possible defence of the existence of Guantanamo Bay. None. Yet it remains the policy of the US government. The contrast between the UK and the US approach to terrorism is actually quite startling.

      Simon.
      --
      Physicists get Hadrons!
  9. Re:Jumping the gun a bit.... by Spad · · Score: 5, Insightful

    I prefer to think of it as our fine tradition of having legislation sanity checked by a bunch of people who aren't primarily motivated by re-election and "making their place in history".

  10. Jose Padilla? by bill_mcgonigle · · Score: 4, Insightful

    Wasn't Jose Padilla held without charges for a number of years in South Carolina?

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  11. Re:Tories vs Labor by thermian · · Score: 5, Insightful

    The Tories opposed it because they need contentious issues to argue over, not because they wouldn't do it themselves.

    Note that they also argue against the governments attempts to have private health bosses take over failing hospitals, even though it was the Tories who started the privatisation of publicly owned services in the first place.

    Personally I don't think there's much difference between the Labour Party and the Conservatives any more. That's no big deal, in spite of what whichever one isn't in power says about the others failings, they end up doing almost exactly the same things.

    --
    A learning experience is one of those things that say, 'You know that thing you just did? Don't do that.' - D. Adams
  12. Re:Jumping the gun a bit.... by Richard_at_work · · Score: 4, Insightful

    You cite three persons all a product of the 20th Century - the House of Lords has been a part of British Parliament since 1295. It seems to have done us well in the past 713 years....

  13. It's a long, long time by Anonymous Coward · · Score: 5, Insightful

    The Lords are only allowed to send Bills back to the Commons twice. They have no power other than to force debate and thought. It's not part of the "unwritten constitution", it's the Parliament Acts of 1911(Liberal) and 1949(Labour). The British constitution is mostly written, it's just written all over the place.

    I would ask the grandparent how much he would like to be imprisoned for a month and ten days, only to be dumped back on the streets having no idea of why, no legal right to be told why and a scant chance of limited compensation. Can you imagine the effect on your family, your job, your reputation? This allows the state to destroy individuals with only limited checks and balances.

    There isn't a day now where I don't thank god for the House of Lords injecting, unbelievably, some sanity into Parliament.

  14. Re:Jumping the gun a bit.... by call-me-kenneth · · Score: 5, Insightful
    As good a point as any to suggest to any UK citizens about to post a rant about the new police state, destruction of civil libs, etc, that you get off your fat arses and join Liberty? A polite letter to your MP, believe it or not, does have an effect on them - especially Labour MPs who voted for the bill with majorities of 15% or less.

    Those two things will take you about 20 minutes, and when you've done em you can come back here and rant along with me, with a new-found sense of entitlement and smug self-satisfaction at your personal involvement in the issue. Hey it works for me.

    So, yeah, Labour MPs who voted for this disgraceful attack on fundamental rights we've had since Runnymede ought to be utterly ashamed of themselves; they've revealed that they are unprincipled bunch of spineless tossers, and I think there's a line about weasel's and god's clean air from Blackadder that springs to mind, too. Fuck Brown, and fuck this government, too. I've even crossed a personal rubicon whereby I now think a Tory govt would be preferable, something I never thought I'd say.

  15. Re:At least... by Xophmeister · · Score: 5, Insightful

    Only barbarians would ship their alleged criminals to some overseas outpost then claim they had no recourse to the laws of the country... You give barbarians a bad name.
    --

    Christopher Harrison

  16. Re:it's without CHARGE, not without trial by actiondan · · Score: 5, Insightful

    Remember the Regulation of Investigatory Powers Act (RIP Act)?

    It was supposed to be used against terrorists and organised crime but is now finding use against minor criminals such as litter droppers.

    http://news.bbc.co.uk/1/hi/uk/7369543.stm

    In one memorable case, a council invoked it to spy on a family to see if they lived close enough to the school they wanted their child to attend.

    http://news.bbc.co.uk/1/hi/england/dorset/7341179.stm

    I have no confidence that this new power to hold people without charge will be restricted to circumstances where it is absolutely required. The actual text of the act is remarkably vague on when and how it should be applied.

  17. Re:Jumping the gun a bit.... by JosKarith · · Score: 5, Insightful

    Problem is that won't stop it.

    Remember the Fox Hunting Ban? The House of Lords blocked the ban, and Tony B.Liar pushed it through anyway on the crest of a popular mandate - it was an election promise, it was a class issue, the lords had only blocked it cos' they were all evil nasty fox hunters etc...

    But the road to Hell is paved with good intentions. We handed him a precedent to sweep aside the objections of the only body that could act as a brake on his ambitions. And paid the price years later when he took us into an illegal war - a price that is still being paid. What makes you think that Tony's understudy is going to hesitate for a moment to use the same power to force his own pet projects through?

    --
    'Don't worry' said the trees when they saw the axe coming, 'The handle is one of us.'
  18. Re:it's without CHARGE, not without trial by Des+Herriott · · Score: 4, Insightful

    I dunno, when you look at the bill in detail, it seems rather, well, moderate.

    It's the old "boiling a frog" situation. This government continually chips away at civil liberties, a little at a time. It's two steps forward, one step back, but it's still a steady march towards authoritarianism.

  19. Re:Jumping the gun a bit.... by vidarh · · Score: 4, Insightful
    You've gotten one reply showing you why those people aren't good examples, but more importantly you're confusing the issue:

    The House of Lords aren't "rulers". They don't even have any power to prevent the House of Commons from passing a law - the Parliament Act of 1911 (and it's subsequent replacements) effectively took away the Lords power by asserting the supremacy of the Commons and allowing them to override the Lords at any point. It is considered bad form to do so without trying to address the concerns raised by the Lords and voting on an act again in both chambers, and so it's only been used a handful of times since 1911, but it's up to the Commons.

    Even before the Parliament Act the Lords had for a long time had their powers severely restricted, as the governments of the time tended to have ways of forcing the Lords into submission on more than one occasion. The Parliament Act itself was passed, after having previously been rejected by the Lords, by getting George V to agree to create a large number of new liberal peers (that would then get seats in the Lords) to essentially stack the Lords in favor of the Parliament Act.

    We can argue about the benefit of having a non-elected chamber, but as non-elected chambers go, comparing the House of Lords to despotic rulers is at best ignorant.

  20. Re:Jumping the gun a bit.... by P+Fayers · · Score: 5, Insightful

    69% of the UK population in favour of 42 days detention without charge - if you believe the results of a YouGov Poll (http://www.telegraph.co.uk/news/uknews/2107480/42-day-terror-detention-British-public-overwhelmingly-in-favour-,-poll-shows.html)

    Which brings us back to the point that one of the benefits of the House of Lords is that it's populated by people who don't listen to public opinion.

  21. Re:Jumping the gun a bit.... by Tony+Hoyle · · Score: 4, Insightful

    69% of the UK population in favour of 42 days detention without charge - if you believe the results of a YouGov Poll

    In other news, 69% of the population are so ignorant of history they forgot why the Magna Carta was so damned important, or probably even that the UK has a constitution (although it's not actually written in a single document... we have a rather more complex history than allows for that).

    "NO Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right."

    Sometimes you in the US are lucky.. you're still taught about your bill of rights, etc. so when the government seeks to overturn it you at least realize it's wrong.

  22. Re:The Question by Patrik_AKA_RedX · · Score: 5, Insightful

    Oh wait...am I now in violation with the DMCA?
    Depends on where you live. If you happen to live in the US, well, then I can only say, I'm happy to have met you before your relocation to a certain bay.
  23. Re:Jumping the gun a bit.... by Jellybob · · Score: 5, Insightful

    What do your lords use for guidance over there?

    From what I've seen of their reactions to things in the past, common sense. And it's a damn good thing as well, since the commons seems to have lost most of theirs in the battle to get themselves reelected.
  24. Re:Jumping the gun a bit.... by Stooshie · · Score: 4, Insightful

    The people in the lords have many centuries experience between them. Some of them are getting a bit old, granted, but their experience is across just about every field of knowledge.

    The advantage of the lords is that they are not looking over their shoulder to see whether their next action is going to see them voted out at the next election. They can be much more confident about debating the issues rather than spouting popular rants.

    At the risk of Godwin-ing this post, Hitler was originally elected by popular vote.

    --
    America, Home of the Brave. ... .and the Squaw.
  25. Brazil... by sesshomaru · · Score: 4, Insightful

    here is talk of compensation packages available for the falsely accused.

    SAM: It's a refund... I'm afraid there was a mistake.

    MRS. BUTTLE: Mistake?

    SAM:(encouraged) Yes. Not my department... I'm only records. It seems that Mr. Buttle was overcharged by Information Retrieval. I don't think they usually make mistakes... but, er... I suppose we're all human.

    SAM: Oh... what happened to the...? ...Actually, my bringing this here is rather unorthodox... Usually any payments are made through the central computer... but, er... there were certain difficulties, and rather than cause delay, we thought you might appreciate this now... it being Christmas.

    MRS. BUTTLE: My husband's dead, isn't he?

    SAM: Er... I assure you Mrs. Buttle, the Ministry is always very scrupulous about following up and eradicating error. If you have any complaints which you'd like to make, I'd be more than happy to send you the appropriate forms.

    MRS. BUTTLE: What have you done with his body?

    --
    "MIT betrayed all of its basic principles."
  26. Re:No you don't by digitig · · Score: 4, Insightful

    (although it's not actually written in a single document... we have a rather more complex history than allows for that)


    Nonsense, that's the kind of stupid excuse you'd think people who gave a fuck about their rights wouldn't swallow.

    No, you simply have a retarded attachment to your history that apparently outweighs the need for a Constitution (which you don't have, no matter how many times you crow that an loose assemblage of documents is a "constitution"). And the US constitution has proved such effective protection against the US government detaining people without trial, hasn't it? Remind me, how long have the GITMO detainees been there? How does it compare to 42 days?

    --
    Quidnam Latine loqui modo coepi?