42 day detention

Article 6: The right to a fair and public hearing

Everyone has the right to a fair trial and the courts have a duty to uphold this. Things that make a trial fair include being held in public; being held within a reasonable time; being independent and impartial, and the presumption of innocence.

For more information about Article 6 see the Human rights section.  For further details on your rights to a fair trial see the Criminal justice section.

Proposal to extend to 42 days the period for which terrorism suspects can be held without trial

In normal cases, the current time limit for holding suspects is 96 hours, after which police must either charge or release them.  If police believe the suspect poses a threat to national security the can ask for an extension to the pre-charge time limit.  In spring 2008, in the Counter-Terrorism Bill, the Government proposed extending the pre-charge detention time limit in exceptional cases from 28 to 42 days. This clause was dropped in October. 

Find out more in film

Human Rights organisation, Liberty, produced a short film on this subject as part of their Charge or Release campaign. 

The Commission's reaction

Commission's comments on Counter-Terrorism Bill: Second reading, House of Lords, 8 July 2008

Legal opinion on the Counter-Terrorism Bill sought by the Commission at the report stage, 10 June 2008

Briefing paper, sent to MPs in advance of the Counter-Terrorism Bill second reading, House of Commons, 1 April 2008 

British Library exhibition

For more detailed information on this topic and a chance to vote, follow this link to the Taking Liberties interactive and from the top menu select Liberty and the Law

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