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NCJRS Abstract

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NCJ Number: 142223 Find in a Library
Title: DETENTION UNDER THE PREVENTION OF TERRORISM (TEMPORARY PROVISIONS) ACT 1989: ACCESS TO LEGAL ADVICE AND OUTSIDE CONTACT
Author(s): D Brown
Corporate Author: Great Britain Home Office
Research and Planning Unit
United Kingdom
Date Published: 1993
Page Count: 97
Sponsoring Agency: Great Britain Home Office
London. SW1H 9AT, England
Type: Survey
Format: Document
Language: English
Country: United Kingdom
Annotation: Based on an analysis of the custody records for 253 individuals detained in Great Britain between March 2, 1989 and November 11, 1990 under the 1989 Prevention of Terrorism Act (PTA), this report examines the use of detention, with emphasis on detainees' access to counsel and outside contacts.
Abstract: Results revealed that 85 percent were detained for Northern Irish terrorism; the rest, for international terrorism. Findings also indicate that in terrorist cases the police quite often use the special powers available to them under the PTA. In the majority of cases, it appears that they are correctly implementing the safeguards provided under the PTA and the Police and Criminal Evidence Act. However, in a minority of cases, the failure to record information that should be entered in the custody record or apparent unawareness or misinterpretations of relevant legislative provisions are cause for concern. The analysis also indicated that 98 percent of the detainees were apparently told of their right to legal advice, with one- third asking for an attorney immediately and 13 percent asking for one later. Forty-three percent of the detainees asked that someone be informed of their detention, but this request was carried out in well under half of these cases. The main reason for noncontact was that the exercise of the right was delayed and the restriction was not lifted up to the time of release. The analysis also considered police interviews, medical services, non-English speakers, the handling of juveniles, the reviews of the detentions, and the detention lengths and outcomes. Tables, footnotes, appended study instrument and tables, 5 references, and lists of other publications from the Home Office
Main Term(s): Right to counsel; Terrorist detention
Index Term(s): Foreign laws; Foreign police; Great Britain/United Kingdom
Note: Paper 75
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=142223

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