Prisoners of 'War All the Time'

Abstract

This article examines the details of the statutory scheme of detention without trial, analysing the background to the legislation, measures to enforce detention and what this policy means in terms of derogation from Art.15 ECHR including the duration and subsequent reviews of this derogation. The author considers present conditions of detention and how powers of detention have been exercised to date. The policy is “troubling” as a matter of principle and “in trouble’’, the second part of the article looking at the case law challenges to this regime, examining in detail the House of Lords’ very recent, December 2004, decision on the legality of the detention regime in A v Secretary of State for the Home Department. Finally, alternatives to the current policy are rehearsed.

Keywords: Terrorism, detention without trial, judicial review

JEL Classification: K10, K14, K33, K19, K30, K33, K42, N40