90 day detention without charges....a query

[Dom Tuk]

It is proposed to detain without charge a a person suspected of terrorism offences for 90 days. One of the safeguards proposed is a weekly review of the detention by the judiciary. Does this mean that when there are no charges, the judge will be told about facets of the case (including the resons for detention, possible charges and detainees involvement) even before the prosecution or the defence have had a chance to see it? Will the detainee have recourse to legal advice during this 90 day period? Will his legal team have a chance to see the continued reasons for detention? Will it be a fair trial (if it comes to a trail) when the judiciary have been informed about the case much before the defence?

[january_bug]

I would presume that, as with any other case regarding a suspect being held on remand, the judge who decides whether or not to release/grant bail, will not be the trial judge, should it come to court.

As for the rest, see the bill itself - as published by the government. See Part 2 Section 23 and 24. The link is in pdf format, but if you google for "publications parliament terrorism bill" you can select an option to view it as html.

[jake-the-peg]

My understanding is that yes a Judge would see it before the prosecution although that would probably not be the same judge who eventually tried the case.

I don't believe the detainee of any of his legal advisors would necessary see any of that "evidence".

I also believe that in the last 4 years about 900 people have been held under the prevention of terrorism act with less than 30 convictions.

Didn't we used to have something called habeas corpus? Was Magna Carta something I dreamt.

[bernardo]

Does this mean that when there are no charges, the judge will be told about facets of the case (including the resons for detention, possible charges and detainees involvement) even before the prosecution or the defence have had a chance to see it?

No

Will the detainee have recourse to legal advice during this 90 day period?

No

Will his legal team have a chance to see the continued reasons for detention?

No

Will it be a fair trial (if it comes to a trail) when the judiciary have been informed about the case much before the defence?

Only if the jury has enough sense to see through the tyranny of the detention laws