Criminal Justice in Europe: A Comparative Study

By Phil Fennell; Christopher Harding et al. | Go to book overview

12
Police Detention in the UK and in the Netherlands

ALAN DAVENPORT AND PETER BAAUW


THE BRITISH LAW

Detention of Suspected Terrorists

The United Kingdom has two different sets of procedural rules for detention, those applicable to suspects arrested under the Police and Criminal Evidence 1984 (hereafter PACE) and those pertaining to people detained under the Prevention of Terrorism (Temporary Provisions) Act 1989 (hereafter PTA). This second statute, being specifically concerned with anti- terrorist measures, has no direct parallel in the Netherlands and is the successor of legislation which came about because of events some twenty years ago.

An earlier Prevention of Terrorism Act was brought into force in 1974 in an attempt to combat the activities of the Irish Republican Army (IRA), which at the time was conducting a campaign of bombings on the British mainland. On 21 November 1974, bombs went off in Birmingham, resulting in the loss of twenty-one lives and injuries to 162 people.1 The PTA 1974 was introduced into Parliament on 25 November and became law on 29 November, a remarkably swift passage through the legislature. The Act extended police powers in a number of areas and the then Home Secretary conceded that the measures contained therein were '. . . unprecedented in peacetime', but nevertheless '. . . fully justified' given the circumstances at the time.2 The legislation was to remain in force for a period of six months3 as it was intended to be a short-term emergency law, the existence of which would, it was hoped, cease to be necessary within a very short period of time.4 The need for the very existence of the anti-terrorist legislation has consistently been questioned5 but it has survived, subject to

____________________
1
C. Mullin, Error of Judgement ( Dublin; Poolberg Press 1990), 7.
2
HC Deb., Vol. 882, col. 35, 25 November 1974, Mr Jenkins.
3
PTA 1975, s. 12(1).
4
For a fuller account of the background to the legislation, see C. Walker, The Prevention of Terrorism in British Law ( Manchester; Manchester University Press, 2nd edn.), chap. 4.
5
See C. Scorer, S. Spencer, and P. Hewitt, The New Prevention of Terrorism Act The Case for Repeal ( London; NCCL 1989).

-251-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Criminal Justice in Europe: A Comparative Study
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 406

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.