UK Can Now Hold People Without Charge For 42 Days 650
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."
The Question (Score:5, Funny)
Re:The Question (Score:5, Funny)
Re:The Question (Score:5, Funny)
Re:The Question (Score:5, Informative)
In Soviet Russia, base 13 encrypts jokes.
Oh wait...am I now in violation with the DMCA?
Re:The Question (Score:5, Insightful)
Jumping the gun a bit.... (Score:5, Informative)
Re:Jumping the gun a bit.... (Score:5, Insightful)
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.
Re:Jumping the gun a bit.... (Score:5, Interesting)
You or I get held for 28 days - potentially without communication with the outside world, let's not forget that - and when you get out your employer will have given up on you and sought a replacement. Your personnel record will say "Disappeared off the face of the earth one day" - which I'm sure would look just great if an alternate employer contacted them for a reference.
And if you're asked why you left your job - well, I'd love to see the look on the interviewer's face when you say "I was detained under the Terrorism Act and not allowed to contact anyone, so my employer had to find someone else to do the job" but I don't think it's an answer that would do you any favours.
Compensation? What compensation? They'll base compensation on the 28 (or 42) days you were detained, not the repercussions. If the repercussions include "having to sell the house because you can no longer afford it because you lost a £40,000 per year job and had to take a £25,000 per year job", that's your problem.
Needs to pass European Parliment as well as Lords (Score:4, Informative)
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.
Re:Needs to pass European Parliment as well as Lor (Score:5, Informative)
Re:Jumping the gun a bit.... (Score:5, Insightful)
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.
Re:Jumping the gun a bit.... (Score:4, Interesting)
He wrote back on the one before the vote telling me that "for security reasons, we cannot share the information that we have that makes this extension a requiement, but we only have the public's best interests at heart". I don't expect a reply to my letter post vote.
I also got both of my neighbors to do the same, and they were quite blown away to learn about http://www.writetothem.com/ [writetothem.com]
Nothing changes and until we learn to make a noise in the streets, the politicians won't listen to us.
Re:Jumping the gun a bit.... (Score:5, Insightful)
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.
Re:Jumping the gun a bit.... (Score:5, Informative)
Not to disagree with you, just wanted to point out that this law is not popular [bbc.co.uk] in Britain.
IIRC the Lords can bounce this back (with good reason) to the Commons, by the time this goes back and forth a couple of times the media will be in a good frenzy about it. The fact that Gordon Brown had to do a deal with another political party to get this through is not going down well [bbc.co.uk]:
I for one am hoping this gets pushed back by the Lords.
--- Back to the article ---
Got a decent reference? Seriously, that link is to the 'Daily Mail', the sensationalism in that paper is renowned. Even its founder (Lord Northcliffe) said its winning formula is to give readers: 'a daily hate [indopedia.org]'. This is the same paper that pays foreign people to break the law [blogspot.com], so they can report about how East Europeans are 'destroying Britain'.
Re:Jumping the gun a bit.... (Score:5, Insightful)
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?
Re:Jumping the gun a bit.... (Score:5, Informative)
If there's enough of an uproar about it, it won't take much before some of those voting for it starts worrying about their re-election and vote against it if it's sent back to the Commons.
Re:Jumping the gun a bit.... (Score:4, Insightful)
Re:Jumping the gun a bit.... (Score:4, Insightful)
Whatever that "something of the night" was, it seems to have been catching.
Re:Jumping the gun a bit.... (Score:5, Informative)
Re:Jumping the gun a bit.... (Score:5, Funny)
Wow - I think that is the only time I've ever seen somebody try to trump tabloid "evidence" with a blog post...
Not saying that I disagree with the point that the Daily Mail is junk =)
Re:Jumping the gun a bit.... (Score:5, Informative)
Re:Jumping the gun a bit.... (Score:5, Informative)
Re:Jumping the gun a bit.... (Score:4, Insightful)
Mmmm, I've been wondering about that myself. The beeb keep telling us "surveys" show how this is a popular measure, but I haven't heard any reference to which surveys, or who it was that commissioned them.
In any event, I'd love to know how the questions were phrased:
Something like that, I'll bet you....
Re:Jumping the gun a bit.... (Score:4, Informative)
I for one am hoping this gets pushed back by the Lords.
(No sarcasm intended, I honestly do not know.)
Re:Jumping the gun a bit.... (Score:4, Interesting)
The hereditary peers were mostly just old members of the British aristocracy whose great great great granddad had done something that amassed them huge amounts of wealth, probably at the expense of the common British people of the time. Those that did not get rich by screwing the common British people got rich by screwing the common people in foreign lands and built us an empire instead.
I know that the House of Lord performs a valuable function as a check on the power of parliament and often prevents ridiculous laws from being rushed through on a wave of hysteria whipped up by the press, however it can do that just as well without being full of people whose only contribution to modern society is being vastly rich. The House of Lords as it now stands is mostly full of retired politicians, senior lawyers and a few remaining hereditary peers so I think performs its function much better than it used to.
Re:Jumping the gun a bit.... (Score:5, Insightful)
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.
Re:Jumping the gun a bit.... (Score:5, Insightful)
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.
Remember the Guildford Four / Maguire Seven? (Score:5, Interesting)
As it happens I rewatched the Daniel Day movie In The Name Of The Father a short time back. It's odd to see, and recall from real life, the aghast reactions to the "Prevention of Terrorism Act" which gave UK police the unprecedented (and almost immediately abused) power to hold suspects without charge for an entire week - 7 days.
That was long enough to obtain at least 11 false convictions pretty much straight away. The modern UK police must be softies, if it takes them six times as long to extract a confession from whomever they decide to detain.
Re:No you don't (Score:5, Insightful)
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").
Re:Jumping the gun a bit.... (Score:5, 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.
Re:Jumping the gun a bit.... (Score:5, Insightful)
Re:Jumping the gun a bit.... (Score:4, Informative)
Re:Jumping the gun a bit.... (Score:5, Insightful)
Re: (Score:3, Interesting)
Charles I,
Oliver Cromwell,
George III?
Re:Jumping the gun a bit.... (Score:5, Informative)
Oliver Cromwell - died in 1658, his regime was overthrown in 1660.
George III - ruled with a majority in the elected Parliament.
Seems the system worked during all those cases.
Re:Jumping the gun a bit.... (Score:5, Interesting)
We did get rid of him. Shut him quietly away and his son took over. Said son did bugger all because he was a lazy fat drunken gluttonous lecherous oxygen thief, so Parliament ran the country. During this period our Empire in Canada was attacked by the United States; in response we invaded and burned Washington to the ground. We were also at war with Napoleon Bonaparte, whose total defeat ushered in a century of British global hegemony. Not bad going, for a country being run while the king's in the loony bin and the regent's in bed with a hangover.
Re:Jumping the gun a bit.... (Score:5, Insightful)
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.
Re:Jumping the gun a bit.... (Score:5, Funny)
All three renowned for being upstanding members of the house of Lords?
Re:Jumping the gun a bit.... (Score:5, Informative)
The House of Lords can send legislation back to the House of Commons for a re-think but ultimately, the Government can force the will of the House of Commons through by invoking the Parliament Act.
All the House of Lords can do is delay things, which means they can prevent bad laws being rushed through without anyone knowing about them but they can't prevent the elected members getting their way in the end.
Re:Jumping the gun a bit.... (Score:4, Informative)
Re:Jumping the gun a bit.... (Score:5, Informative)
Re:Jumping the gun a bit.... (Score:5, Informative)
(IANAL, but I'm married to one, and one of the first things they drill into UK law students when dealing with constitutional law is that they better not ever write on an exam that it's unwritten).
Re: (Score:3, Insightful)
Though as a Tory and programmer I think it's like a very old piece of code which has been patched for a long time, hard to understand but for good reasons. Certainly the Eng
Re:Jumping the gun a bit.... (Score:5, Funny)
So essentially you're saying it is like Microsoft Windows. That should go down well here.
Re:Jumping the gun a bit.... (Score:5, Funny)
Well, let's rewrite the analogy in more /. terms. The Americans - and many other countries - have monolithic constitutions. Ours is modular - a mass of different reform acts and statutes and precedents, on top of the Monarch E2 microconstitution. Britain's running on Hurd, thank you very much.
Re:Jumping the gun a bit.... (Score:5, Informative)
The difference that distinguishes it to written constitutions is that there is no single document that outlines the framework of government. Rather, it is much like the common law itself.
Re:Jumping the gun a bit.... (Score:4, Informative)
Re: (Score:3, Informative)
It's a long, long time (Score:5, Insightful)
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.
Re:elected v unelected (Score:3, Interesting)
There are many things wrong with our system, but having some kind of 'second opinion' of government pol
Re:Jumping the gun a bit.... (Score:4, Funny)
See you in 42 days then
Re:Jumping the gun a bit.... (Score:4, Funny)
The answer is "whether or not they had a jolly good lunch at the club."
Re:Jumping the gun a bit.... (Score:5, Insightful)
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.
Re:Jumping the gun a bit.... (Score:4, Interesting)
Withholding Royal Assent would cause a slight delay and creating a media frenzy. It might be enough to cause some MP's to change their minds, but it would also seriously jeopardize the future of the monarchy.
The way parliament has gotten unfettered power in the UK has been by using the power it did have to hint, threaten or force the monarchs into yielding more and more of their power, and they have not been shy of doing it - the monarchy in the UK is there because the British rather enjoy tradition and because the current monarch is putting on a decent show and not being a bother. If she does start being a bother, it would likely start a process towards the monarchy at the very least being stripped of the last vestiges of influence.
At least... (Score:5, Funny)
Re:At least... (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...
Re:At least... (Score:5, Insightful)
Re:At least... (Score:5, Interesting)
You're right. Austrailians would never do anything like that [wikipedia.org]
Re:At least... (Score:5, Interesting)
In particular, many people were transported for stealing food during the Irish famine, when it was literally that or starve to death with your family. As it turned out this wasn't much of a deterrent; in Australia you'd at least be fed.
Re:At least... (Score:5, Funny)
Obligitory (Score:3, Funny)
Remeber This (Score:3, Interesting)
But remember, despite people bitching about the US' policies, we still have among the world's most stringent policies regarding the rights of the accused. I was always shocked by most UK citizens attitudes regarding free speech and the right of the accused. While they, obviously, abhorred the idea of someone being put to the death they saw nothing wrong with imprisoning someone without charges for 30 days.
At any rate, I'm sorry this happened =/. I had hoped for better from our friends across the pond.
With two words, I destroy your argument (Score:5, Insightful)
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.
Re: (Score:3, Interesting)
I keep seeing this argument trotted out, and it really needs to stop. Just because my country has done some ass-backward immoral things lately doesn't mean I cannot frown upon stupid acts occurring elsewhere in the world.
You talk of Gitmo and Abu Grahib? Excellent. The more people that do, the better. But, I can also read the news about Britain's detaining people, even citizens, for 42 days without charges or their bizarre need to spy on the populace 24/7 and contemplate just how truly screwed up that
Re:With two words, I destroy your argument (Score:5, Interesting)
Abu Ghraib may have been an isolated "incident" (though an awful lot of people would have needed to conveniently ignore what happened there...), but Guantanamo Bay is precisely current US policy.
If you are a citizen in the US, they'll simply fabricate evidence and send you to be tortured [nytimes.com] in one of the less squeamish regimes that the US has links with (eg: Syria)...
Given the amount of illegal wiretapping, the removal of habeus corpus for non-citizens, the policy of torturing suspected terrorists coupled with the ability of the president to arbitrarily designate someone a terrorist, (I could go on and on...), I find the implications disturbing in the extreme.
I don't agree with the 42 days thing, but I think the glass-houses line really does apply here...
Simon.
Re:With two words, I destroy your argument (Score:5, Insightful)
The UK suffered at the hands of terrorists (these terrorists mainly funded by US organisations like Noraid [wikipedia.org], 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.
Re:With two words, I destroy your argument (Score:5, Informative)
Really? [wikipedia.org]
As opposed to the US ... (Score:5, Insightful)
Oh wait, I forgot - they're not being held by the police, and they're not actually in America. My bad.
Jose Padilla? (Score:5, Insightful)
Re: (Score:3, Interesting)
He was not arrested on foreign soil, but actually at O'Hare airport in Chicago on his return from a trip to Egypt, Saudi Arabia, Afghanistan, Pakistan and Iraq. I'm guessing that this, among other reasons, e.g. his citizenship, was why eventually he did win the right to a trial in civilian court despite the President's having classified him as an "enemy combatant." He was convicted at trial and sentenced to 17 years in prison. (He's
Re:As opposed to the US ... (Score:4, Interesting)
Re:As opposed to the US ... (Score:4, Insightful)
Re: (Score:3, Interesting)
U.S. District Judge Robert E. Jones asked Hawash during the hearing "You and the others in the group were prepared to take up arms, and die as martyrs if necessary, to defend the Taliban. Is this true?" Hawash replied "Yes, your honor."
He pled guilty to conspiring to provide services to the Taliban, the same motherfuckers who shielded and funded the evil monsters who flew planes into the WTC, the Pentagon, and a field in Shanksville, kil
Great... (Score:5, Insightful)
Hmmm.... (Score:5, Insightful)
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.
Re:Hmmm.... (Score:5, 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. [guardian.co.uk]
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.
Re: (Score:3, Interesting)
The original Prevention of Terrorism Act which allowed for an extension to detention without being charged was originally brought up to tackle acts of terror in the UK (both mainland and Northern Ireland).
The principle sounded fine. What was not so well known ws that some police used to abuse this to pressurise someone under arrest. This would happen when the police would report a suspicion that firearms were involved with a possibility that they may reach terrorists. The additional time would allow for th
Slashdot, as usual, can't wait to bash Britain. (Score:5, Insightful)
I could understand it if
Of course, it's posted by samzenpus, who seems to have a particular dislike of the UK.
Billing the prisoners (Score:5, Funny)
Tories vs Labor (Score:3, Interesting)
Now, the Tories have become the more liberal party like the Dems in the USA and are vehemenetly trying to prevent the degradation of Habeas Corpus principles. The Labor party (which used to be more left-leaning Jimmy Carter type) has turned into a Neocon haven under Blair and Brown.
Re:Tories vs Labor (Score:5, Insightful)
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.
Re: (Score:3, Insightful)
If they would do the same themselves, why have they already stated that they would repeal this quickly if they got back into power (which going by current opinion polls is quite likely at the next election)
The Tories have traditionally been more right wing, but not the authoritarian right. They believe and have generally believed historically in minimal government interference in civil liber
not yet it can't (Score:3, Insightful)
Then it has to be voted on again by the Commons - which could be in a few months time. Only then will it become law (ignoring formality royal assent, and possible rare use of Parliament Act).
Who knows what Brown's ability to force sick MPs into the house to vote, and what deals N. Ireland MPs will insist upon then?
I honestly think a few months down the line, when it comes to the crunch, the government could loose this, and force a vote of no confidence vote on Brown.
In any case UK is still a way off from 42 day detention......
42 days (Score:5, Funny)
And to think... (Score:3, Insightful)
overwhelming public support (Score:4, Insightful)
The question that showed people apparantly supporting the ID card was along the same lines.
Beware the shiterags (a bit off-topic) (Score:4, Informative)
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.
Breaking news (Score:5, Informative)
Details still emerging, BBC News has some details [bbc.co.uk]
Brazil... (Score:5, Insightful)
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?
Re: (Score:3, Insightful)
it's without CHARGE, not without trial (Score:5, Informative)
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*
Re: (Score:3, Insightful)
What annoys me is that Gordon Brown introduced all of this with a statement that it all had to be done on the basis of consensus - ie, cross party support. Now, that's not a bad approach. See if a consensus can be built, but if it can't, then withdraw the idea. No harm, no foul.
But he didn't do that. He went for consensus, saw that it couldn't be got, and sa
Re: (Score:3, Insightful)
But...if I stipulate arguendo that you're right about the clumsiness and pointlessness of the act, then I agree completely with you. Legislating for the sake of "sending signals" or making people feel like "something is being done" is corrosive of liberty and any kind of respect for the law. A law should either be damn necessary, and obviously so, or it
Re:it's without CHARGE, not without trial (Score:4, Insightful)
Re:it's without CHARGE, not without trial (Score:4, Insightful)
Secondly, you're wrong. I know of no persuasive evidence that any substantial number of Americans have "no respect" for the legal (or legislative) system. People have bitched about a do-nothing grandstanding Congress and an expensive legal system that is either (1) overly activist or (2) insufficiently moral (take your pick) in every year of my life since I noticed these things, which would be roughly in 1977 or so. And if you read any history, or just Mark Twain ("America has no native criminal class, excepting Congress") you'll realize they've been doing it for centuries.
Nevertheless, we generally obey the law, we generally serve on juries and believe the verdicts we deliver are just and will be implemented fairly, we mostly trust the police, and we generally return incumbents to office. We certainly love grumbling about politicians, like the weather, but our actions say we are not much less trusting than we've ever been.
Finally, a strong and healthy disrespect for legal authority is one of the fine principles on which this country was founded. We have always believed that We the People are the only true ultimate sovereign, and that we dole out bits of our authority to police, congressmen, and other such riff-raff with the same squinty-eyed distrust and caution as we dole out our cash to used-car dealers, ready to snatch it back at the slightest sign of fraud or abuse. That's as it should be. A powerful distrust of authority and power, however sweetly decorated with noble intentions, is one of the foundation stones of liberty.
Re:it's without CHARGE, not without trial (Score:4, Insightful)
If there is enough evidence to convince a judge to "sign off" on keeping the (un)accused locked up, surely there must be enough evidence to charge him with some offence. Four weeks locked up with no charge already seems a brutal denial of justice to me.
Re:it's without CHARGE, not without trial (Score:5, Insightful)
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 [bbc.co.uk]
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 [bbc.co.uk]
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.
Re:it's without CHARGE, not without trial (Score:5, Interesting)
Re:it's without CHARGE, not without trial (Score:5, Insightful)
It's the old "boiling a frog" [wikipedia.org] 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.
Re:Hm. Nice spin on the summary... (Score:4, Interesting)