The 28 day pre charge detention rule is the amount of time a person can be locked up under anti terror laws. The 28 day rule meant the UK had one of the longest detention without charge periods in the western world during the period it was in effect (2006-2011).
What Is the 28 Day Pre Charge Detention Rule?
British anti terror laws include detention of those suspected of terrorist activities for 28 days without charge. This means the police can lock up and question anyone they feel may be involved with terrorist activities for 28 days. The suspects do not need to be charged with an offence and do not need to be told why there are being held. The government wanted to introduce a 42 day detention period but this was overruled in 2008. The 28 day pre charge detention rule is seven times the detention period permitted for a person accused of murder.
28 Day Pre Charge Detention and Civil Rights
There has been a great deal of controversy over whether the 28 day pre charge detention rule can be justified. To a great many human and civil rights campaigners this rule does breach the fundamental rights to liberty. These rights to liberty were guaranteed by the European convention on human rights. The Equality and Human Rights Commission stated that the period of detention without charge should start at four days. This should be the rule for all offences up to the act of murder.
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Try our Discrimination Claim Eligibility Checker free, here on this site →The 28 Day Detention Rule and the Magna Carta
One of the founding principles of British justice was set in place in the Magna Carta in 1215; Habeas Corpus. The Magna Carta states that free men could not be imprisoned or arrested unless there was lawful judgement by either their equals or the law of the land. Habeas Corpus was set in place to ensure that the King simply could not lock up someone if they did not like them. It also meant all detention was unlawful unless it had approved by a court. All suspects should be given a charge and a fair trial before they can be sent to prison.
Britain Has One of the Longest Pre Charge Detention Periods
Britain does have one of the longest detention without charge periods in the western world. The USA has a two day detention without charge period while Russia has a five day detention period. According to human rights organisations such as Liberty there is no evidence that the police need longer than 14 days to collect information for a trial. Since the detention period was raised from 14 to 28 days in 2006 only five people have been held for 26 days. Three of the five were released without charge and two were charged but then acquitted of the offences.
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Indefinite Detention and House Arrest
Under the rules of the Prevention of Terrorism Act 2005 suspects can also be held under house arrest without charge; known as Control orders. New Labour fast tracked this law into place with parts of the bill unwritten. In their words the unwritten parts of the bill would be completed after the bill was passed. Rules for suspects facing indefinite detention and house arrest included:
- Strict curfews were to be placed on suspects
- Suspects cannot go further than one mile from their premises
- The use of the telephone and the internet is prohibited
- No visits unless authorised by the Home Office
- Suspects can be ordered to stay indoors for up to 16 hours per day
- Some of these rules can apply to the family of the suspect living in the same house
- Electronic monitoring tags can be placed on the suspect
- Suspects can be held under house arrest for an indefinite amount of time
How to Help Fight the 28 Day Pre Charge Detention Rule
The 28 day pre charge detention rule was not permanent and was indeed reduced back to 14 days in 2011. Those who do wish to voice their disapproval against the 28 day rule should write to their MPs. More information on the campaigns to stop the 28 day pre charge detention rule can be found at the Liberty and Amnesty International websites.
Other than say the United States you mean, which has a little thing called Gitmo; you might've heard of it if not fully understanding what it actually is Garry Crystal.
And of course it is not something to "boast" about whatsoever.
That's ridiculous and you know it. That is never going to happen and to make a case based on that "possibility" is utterly disingenuous. Fighting ISIS has nothing to do with people's internet history and online security.
"Just see what they did in Paris on 13th November 2015. "
Just see how having access to everyone's internet data would not have prevented that attack at all.
" I have got nothing to hide"
So what? It's the right to privacy that matters.
"I would certainly be taking a look at you to see what you have to hide to make you want to restrict the police powers!"
Because you're a Stalinist little cretin? You're the only idiot here. That or a shill.
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