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DETENTION UNDER THE PREVENTION OF TERRORISM (TEMPORARY PROVISIONS) ACT 1989: ACCESS TO LEGAL ADVICE AND OUTSIDE CONTACT

NCJ Number
142438
Author(s)
D Brown
Date Published
1993
Length
98 pages
Annotation
In examining detention under Great Britain's 1989 Prevention of Terrorism Act (PTA), this report suggests that, in terrorist cases, the police frequently rely on the special powers available to them under the PTA.
Abstract
The research is based on an examination of custody records for 253 PTA detainees held between the PTA's introduction in March 1989 and November 1990; 85 percent were detained for Northern Ireland terrorism and the remainder for international terrorism. While the PTA confers substantial powers on the police, for example, to delay the exercise of a detainee's rights for up to 48 hours and to detain without charge for up to 7 days, there are various compensating safeguards. In particular, the 1984 Police and Criminal Evidence Act (PACE) provides statutory rights to legal advice and to have someone outside notified of a person's detention. The grounds on which exercise of these rights may be delayed are tightly controlled by statute and subject to the authority of a senior officer not connected with the investigation. The necessity for further detention must be reviewed at regular intervals. In addition, the position of custody officer exists to ensure that the detainee's welfare is monitored on a continuing basis. The research found that the police widely used the special powers available to them in terrorist cases. In particular, the exercise of a detainee's rights to legal advice and to have someone notified of their detention were delayed in a far higher proportion of PTA than PACE detentions. A higher percentage of those arrested under the PTA were also held for more than 24 hours. In some cases, no grounds were stated for delaying access to legal advice; in other cases, there was no record of detainees being informed again of their rights at the time delays expired. The attrition rate of requests for legal advice and particularly for outside contact was also high. Further, in cases involving foreign nationals, there appeared to be patchy compliance with provisions concerning embassy notification. Research findings showed, however, that safeguards appeared to operate successfully in many cases. Nearly 40 percent of detainees obtained legal advice under the PTA, a far higher proportion than under the PACE. Most detainees held for lengthy periods had contact with a lawyer when this was requested. Careful attention to the detainee's physical well-being was also common, especially when detention was lengthy. Appendixes contain the data collection form and supplementary tables. References and tables