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05 August 2011 / Hle Blog
Issue: 7475 / Categories: Blogs
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A balancing act

Halsbury's Law Exhange blogger Simon Hetherington on the inidividual liberty of terrorism suspects

"The see-saw on which are perched, at opposite ends, the interests of security and those of individual liberty has tilted a little in favour of the former.

There are problems, it appears, concerning the emergency extension of custody limits of suspects in terrorism investigations. The scenario is that periods might be increased from 14 days to up to 28, (though not, so far at least, to the controversial figure of 42).

A couple of months ago the Home Secretary warned Parliament that it would have to consider the problem of how to extend those limits in cases of urgent need, without discussing the cases themselves. Now, in addition, there is the concern that the time at which the granting of such an extension is necessary might fall when Parliament is not sitting.

These are two serious problems. Or at least they are serious problems once the premise beneath them is accepted, that the investigation of terrorist offences takes precedence over the individual rights of suspects. At a basic level, that is what

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Jurit LLP—Caroline Williams

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Flint Bishop—Deborah Niven

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Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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