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In the Highest Degree OdiousDetention without Trial in Wartime Britain$

A. W. Brian Simpson

Print publication date: 1994

Print ISBN-13: 9780198259497

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198259497.001.0001

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(p.424) Appendix I The Principal Texts

(p.424) Appendix I The Principal Texts

Source:
In the Highest Degree Odious
Publisher:
Oxford University Press

  1. A. The Emergency Powers (Defence) Act of 1939 allowed the executive to make defence regulations which could: ‘make provision for … the detention of persons whose detention appears to the Secretary of State to be expedient in the interests of the public safety or the defence of the realm’

  2. B. The original Regulation 18B of 1 September 1939 provided that: ‘The Secretary of State, if satisfied with respect to any person, that with a view to preventing him acting in any manner prejudicial to the public safety, or the defence of the realm, it is necessary to do so, may make an order …’(The order could be a detention order.)

  3. C. The amended regulation of 23 November 1939, provided: ‘Detention 18B. (1) If the Secretary of State has reasonable cause to believe any person to be of hostile origin or associations or to have been recently concerned in acts prejudicial to the public safety or the defence of the realm or in the preparation or instigation of such acts and that by reason thereof it is necessary to exercise control over him, he may make an order against that person directing that he be detained. (2) At any time after an order has been made against any person under this regulation, the Secretary of State may direct that the operation of the order be suspended subject to such conditions—(a) prohibiting or restricting the possession or use by that person of any specified articles; (b) imposing upon him such restrictions as may be specified in the direction in respect of his employment or business, and in respect of his association or communication with other persons; as the Secretary of State thinks fit; and the Secretary of State may revoke any such direction if he is satisfied that the person against whom the order was made has failed to observe any condition so imposed, or that the operation of the order can no longer remain suspended without detriment to the public safety or the defence of the realm. (3) For the purposes of this regulation, there shall be one or more advisory committees consisting of persons appointed by the Secretary of State; and any person aggrieved by the making of an order against him, by a refusal of the Secretary of State to suspend the operation of such an order, by any condition attached to a direction given by the Secretary of State or by the revocation of such direction, under the powers conferred by this regulation, may make his objections to such a committee. (4) It shall be the duty of the Secretary of State to secure that any person against whom an order is made under this regulation shall be afforded the earliest practicable opportunity of making to the Secretary of State representations in writing with respect thereto, and that he shall be informed of his right, whether or not such representations are made, to make his objections to such an advisory committee as aforesaid. (5) Any meeting of an advisory committee held to consider (p.425) such objections as aforesaid shall be presided over by a chairman nominated by the Secretary of State and it shall be the duty of the chairman to inform the objector of the grounds on which the order has been made and to furnish him with such particulars as are in the opinion of the chairman sufficient to enable him to present his case. (6) The Secretary of State shall make a report to Parliament at least once in every month as to the action taken under this regulation (including the number of persons detained under orders made thereunder) and as to the number of cases, if any, in which he has declined to follow the advice of any such advisory committee as aforesaid. (7) If any person fails to comply with a condition attached to a direction given by the Secretary of State under paragraph (2) of this regulation that person shall, whether or not the direction is revoked in consequence of the failure, be guilty of an offence against this regulation. (8) Any person detained in pursuance of this regulation shall be deemed to be in lawful custody and shall be detained in such place as may be authorized by the Secretary of State and in accordance with instructions given by him.’

  4. D. 18B (1A) of 22 May 1940 read: ‘After paragraph (1) of Regulation eighteen B of the Defence (General) Regulations, 1939, there shall be inserted the following paragraph:-(1A) If the Secretary of State has reasonable cause to believe any person to have been or to be a member of, or to have been or to be active in the furtherance of the objects of, any such organisation as is hereinafter mentioned, and that it is necessary to exercise control over him, he may make an order against that person directing that he be detained. The organisations hereinbefore referred to are any organisation as respects which the Secretary of State is satisfied that either—(a) the organisation is subject to foreign influence or control, or (b) the persons in control of the organisation have or have had associations with persons concerned in the government of, or sympathies with the system of government of, any Power with which His Majesty is at war, and in either case that there is a danger of the utilisation of the organisation for purposes prejudicial to the public safety, the defence of the realm, the maintenance of public order, the efficient prosecution of any war in which His Majesty may be engaged, or the maintenance of supplies or services essential to the life of the community.’

  5. E. Regulation 18AA of 26 June 1940 empowered the Secretary of State to apply the regulation to any organization covered by 18B (1A) and went on to provide that: ʻ(3) No person shall—

    1. (a) summon a meeting of members or managers of an organisation to which this regulation applies,

    2. (b) attend any such meeting in the capacity of member or manager of such an organisation,

    3. (c) publish any notice or advertisement relating to any such organisation,

    4. (d) invite persons to support such an organisation,

    5. (e) make any contribution or loan to funds held by or for the benefit of such an organisation or accept any such contribution or loan, or

    6. (f) give any guarantee in respect of such funds aforesaid.ʼ

      (The regulation then provided for the winding up of such organisations by court order.)

  6. (p.426) F. The British Union had Regulation 18AA applied to it on 10 July. The order stated: ‘Whereas I am satisfied with respect to the organisation named below that the persons in control of that organisation have had sympathies with the system of government of a power with which His Majesty is at war and that there is a danger of the utilisation of the organisation for purposes prejudicial to the efficient prosecution of the war: Now, therefore … I by this Order direct that the said regulation shall apply to the organisation known as British Union.’