Re:I Face Investigation for Terrorism
by lucozade on Tuesday October 24, 2023 @08:13AM
(#37998019)
> in the UK you can be detained for 36 hours without the right to a lawyer, or 48 hours for suspected terrorism cases
That's if you've been arrested which doesn't apply in this case. He was detained under Section 7 of the Terrorism Act which allows up to 6 hours of detention without cause and up to an hour without legal advice.
> During that time, ...then your lack of answer can be used by a court to infer guilt
I don't believe that's true in the case where legal advice has been restricted by the police. As per PACE Code C. It is however true if you have legal advice or if you've refused legal advice.
Re:I Face Investigation for Terrorism
by lucozade on Tuesday October 24, 2023 @08:35AM
(#37998260)
Edit: This last bit wrt PACE Code C applies to someone who is arrested. Under Section 7 it can be a criminal offence to not answer the examining officer's questions, as Craig Murray mentioned.
That's if you've been arrested which doesn't apply in this case. He was detained under Section 7 of the Terrorism Act which allows up to 6 hours of detention without cause and up to an hour without legal advice.
> During that time, ...then your lack of answer can be used by a court to infer guilt
I don't believe that's true in the case where legal advice has been restricted by the police. As per PACE Code C. It is however true if you have legal advice or if you've refused legal advice.