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In the Highest Degree OdiousDetention without Trial in Wartime Britain$
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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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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 17 April 2021

Detention during the Phoney War

Detention during the Phoney War

(p.70) 5 Detention during the Phoney War
In the Highest Degree Odious

A. W. Brian Simpson

Oxford University Press

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

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