Comments on: Is “42 days” a ruse for something else? http://www.theliberati.net/quaequamblog/2008/02/03/is-42-days-a-ruse-for-something-else/ “ferocity with a purpose” Sat, 13 Mar 2010 20:30:54 +0000 http://wordpress.org/?v=2.8.4 hourly 1 By: How much threat is British justice under? | Liberal Democrat Voice http://www.theliberati.net/quaequamblog/2008/02/03/is-42-days-a-ruse-for-something-else/comment-page-1/#comment-158016 How much threat is British justice under? | Liberal Democrat Voice Tue, 05 Feb 2008 09:42:13 +0000 http://www.theliberati.net/quaequamblog/2008/02/03/is-42-days-a-ruse-for-something-else/#comment-158016 [...] Written by Mark Pack on 5th February 2008 – 9:42 am Quite a lot if you agree with Alex or James. The cause of their ire is Labour’s plans to give the government the right to remove the jury [...] [...] Written by Mark Pack on 5th February 2008 – 9:42 am Quite a lot if you agree with Alex or James. The cause of their ire is Labour’s plans to give the government the right to remove the jury [...]

]]> By: Jonny Wright http://www.theliberati.net/quaequamblog/2008/02/03/is-42-days-a-ruse-for-something-else/comment-page-1/#comment-157176 Jonny Wright Sun, 03 Feb 2008 19:45:29 +0000 http://www.theliberati.net/quaequamblog/2008/02/03/is-42-days-a-ruse-for-something-else/#comment-157176 I'd agree with that last sentiment! Did you hear her amazing interview on the Today Programme last week? (I wish I'd blogged about it, but I downloaded it a couple of days late, by which time it wasn't really news.) Interviewer: (accuses Jacqui Smith of legislating for hypothetical cases rather than reality, regarding 42-day detention) JS: I think that if in the future, in exceptional circumstances, a case could be made that there is an operation, an investigation, a certain number of multiple plots, a really difficult situation in which the police and the director of public prosecutions want to be able to apply to a judge to decide whether or not they could hold somebody for longer, that we need to find a way to facilitate that in those circumstances. Interviewer: But if that's not a hypothetical case, then what is? JS: Well, it won't be hypothetical if and when it occurs. Interviewer: (collapses laughing) I’d agree with that last sentiment!

Did you hear her amazing interview on the Today Programme last week? (I wish I’d blogged about it, but I downloaded it a couple of days late, by which time it wasn’t really news.)

Interviewer: (accuses Jacqui Smith of legislating for hypothetical cases rather than reality, regarding 42-day detention)

JS: I think that if in the future, in exceptional circumstances, a case could be made that there is an operation, an investigation, a certain number of multiple plots, a really difficult situation in which the police and the director of public prosecutions want to be able to apply to a judge to decide whether or not they could hold somebody for longer, that we need to find a way to facilitate that in those circumstances.

Interviewer: But if that’s not a hypothetical case, then what is?

JS: Well, it won’t be hypothetical if and when it occurs.

Interviewer: (collapses laughing)

]]> By: James Graham http://www.theliberati.net/quaequamblog/2008/02/03/is-42-days-a-ruse-for-something-else/comment-page-1/#comment-157171 James Graham Sun, 03 Feb 2008 19:38:11 +0000 http://www.theliberati.net/quaequamblog/2008/02/03/is-42-days-a-ruse-for-something-else/#comment-157171 I'm not saying the whole thing is an elaborate diversionary tactic, merely that Smith knows 42 days is a gamble and while she would obviously like to get it through, she might have calculated it might be an idea to force through a lot of other stuff beneath the radar at the same time. It's always useful to keep an ace up your sleeve. On the other hand, I fully accept that may be crediting her with more political ability than she has thus far demonstrated. I’m not saying the whole thing is an elaborate diversionary tactic, merely that Smith knows 42 days is a gamble and while she would obviously like to get it through, she might have calculated it might be an idea to force through a lot of other stuff beneath the radar at the same time. It’s always useful to keep an ace up your sleeve.

On the other hand, I fully accept that may be crediting her with more political ability than she has thus far demonstrated.

]]> By: Jonny Wright http://www.theliberati.net/quaequamblog/2008/02/03/is-42-days-a-ruse-for-something-else/comment-page-1/#comment-157168 Jonny Wright Sun, 03 Feb 2008 19:33:15 +0000 http://www.theliberati.net/quaequamblog/2008/02/03/is-42-days-a-ruse-for-something-else/#comment-157168 Given how unpopular detention without charge is, and given the huge embarrassment caused by a government defeat in the commons, I can't quite think that Jacqui Smith would see 42 days as a fair tradeoff for the right to ban coroner juries. It's a heck of a gamble. I suspect that it's just the obvious going on: Labour really believe in long periods of pre-charge detention, and want to extend the limit as close as possible to 90 days. If they can sneak in other measures at the same time, I'm sure they'll be very happy, but I think the current proposals should be taken at face value, rather than as an elaborate diversionary tactic. Given how unpopular detention without charge is, and given the huge embarrassment caused by a government defeat in the commons, I can’t quite think that Jacqui Smith would see 42 days as a fair tradeoff for the right to ban coroner juries. It’s a heck of a gamble. I suspect that it’s just the obvious going on: Labour really believe in long periods of pre-charge detention, and want to extend the limit as close as possible to 90 days. If they can sneak in other measures at the same time, I’m sure they’ll be very happy, but I think the current proposals should be taken at face value, rather than as an elaborate diversionary tactic.

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