Chapter

Detention during the Phoney War

A. W. Brian Simpson

in In the Highest Degree Odious

Published in print November 1994 | ISBN: 9780198259497
Published online March 2012 | e-ISBN: 9780191681974 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198259497.003.0005
Detention during the Phoney War

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The new regulation was analysed by L. S. Brass, the assistant legal adviser to the Home Office, who identified five categories of potential detainees; logically there were really eight. But Home Office policy was to distinguish merely two basic categories—those of ‘hostile associations (and/or origin)’, and those involved in ‘acts prejudicial’. Standard forms of order indicated which was involved, but gave no additional information. There was a problem of transition. The committee had heard twenty-four cases, recommending continued detention in only thirteen, and release in six, four subject to restrictions, figures which suggest that confidence in Military Intelligence Section 5 (MI5) was already waning. When the new Regulation 18B came into force, Alexander Maxwell and Sir Ernest Holderness thought that Sir John Anderson should review all existing orders. This chapter examines executive detention during the period of the ‘phoney war’, when the Home Office made very modest use of its powers, much to the irritation of MI5.

Keywords: Home Office; executive detention; phoney war; Military Intelligence Section 5; Regulation 18B; hostile associations; detainees; acts prejudicial

Chapter.  12475 words. 

Subjects: History of Law

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