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42 is not the answer

19 June 2008
Issue: 7326 / Categories: Legal News , Local government , Public
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Legal news

Government concessions made to win the vote on 42-day detention will put more pressure on police to charge, endanger lives and threaten the cohesion of communities, terror experts claim.

Ali Naseem Bajwa, terrorism specialist at 25 Bedford Row, says the government’s case for the extension of the current 28-day limit to 42 days was “manifestly not made out” and that concessions offered by the Prime Minister, Gordon Brown, were “at best ineffectual, at worst misleading, and the result appeared to have more to do with political expediency than anything else”.

In a Commons speech on the day of the vote, Labour MP Diane Abbott said a compensation package offered by the government to suspects held for over 28 days and then subsequently released “will not survive scrutiny by the courts” and that MPs should not vote with the government based “on a shoddy compensation package that will not stand up and will never come into being”.

Bajwa says the proposals to “compensate” terrorism suspects are perhaps the most ill-judged of the concessions on offer.

“No monetary value can be placed on the inevitably terrible consequences of an unwarranted 4-6 weeks of pre-charge detention. An offer of compensation amounts to an admission that there will be a number of innocent persons detained under the proposed powers. In addition, if, as must be likely, no compensation is payable to those who are charged and then subsequently acquitted, there will be added pressure on the police/ CPS to charge innocent persons.”

Issue: 7326 / Categories: Legal News , Local government , Public
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MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
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