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Monday, 16 June 2008

Totalitarianism knows no boundaries

Many fear that the 42 day law that is aimed at terrorists is open to abuse, first by extending the definition of a "terrorist" to anyone who disagrees with the government, second by extending the 42 days limit to other "offenders" who cause problems for the government. The defenders of this legislation say this would never happen. Take a look at what has just happened in Jeresey (my emphasis):

"Now they can lock you up indefinitely

By Andy Sibcy

THE Home Affairs Minister has sent shock waves through the legal profession by authorising the indefinite detention of suspects without charge.

On 5 June, Senator Wendy Kinnard amended the criminal code that had limited pre-charge detention to 36 hours.

She did so under delegated powers enjoyed by the minister under the terms of the Police Procedures and Criminal Evidence (Jersey) Law.

However, that same law states that before such changes to codes are made, the minister is required to publish a draft of the changes and consult interested parties. She did neither of these things – a failure that has left the Island’s criminal lawyers stunned.

The new code came into force on Thursday, but no statement was released to either the media or the legal profession.

If you live in Jersey, do you feel safer now? If you are contemplating a holiday in Jersey, would this affect your decision?

Does anyone believe this sort of extension of powers could never happen in the UK?




Thanks to Devils Kitchen for the spot.

1 comment:

Anonymous said...

It seems that they may have withdrawn the "badly worded" Order, but there is no word of any apology.

According to the Jersey Evening Post: Indefinite detention order withdrawn

There is plenty of evidence that the same sort of Kafkaesque petty bureaucratic "error" could happen on the mainland UK e.g.

When the then Home Secretary Charles Clarke could not be bothered to actually read the details (wrong names, wrong country etc.) of the Control Orders he was supposedly personally signing.

The Guardian:
Home Office says sorry to suspects for ricin blunder