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In England it seems that pre charge detention is allowed for up to 72 hours typically, 96 hours for more serious offences, and 28 days for “terrorism,” but what offences fall under “terrorism” for such purposes? Is it any offence under the terrorism act? Or are they specifically enumerated somewhere?

Does it potentially violate several articles of the human rights act to assert special enhanced detention powers in respect of offences that amount to nonviolent expression like wearing stickered images of hang gliders when the enhanced detention powers were legislatively justified in principal on the basis that terrorism evokes much graver and more concretely threatening types of plots which may endanger the public on a great mass scale?

TylerDurden
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  • At the time of the question and this comment, and since 25 January 2011, the maximum period of detention without charge under the Terrorism Act 2000 is 14 days. 2. This power is highly unlikely to be used against people wearing "stickered images of hang gliders" and would be an unlawful detention if that's all they are accused of doing. Indeed it is barely used at all. In year end 31 March 2023 there were 25 detentions under s41 TACT 2000, three for 13-14 days. 3. So while the first paragraph makes an interesting question, the second paragraph seems on the face of it an odd concern.
    • – Lag Jan 15 '24 at 10:40
  • @Lag the second part may be practically rare and so largely moot, but i also think it is a valid question on a theoretical level, and so hardly odd. – TylerDurden Jan 15 '24 at 10:58
  • Elsewhere I've been corrected to the effect that 28 days becomes available if the Secretary of State invokes a statutory emergency power to do so. – Lag Jan 15 '24 at 11:57
  • @Lag where elsewhere? – TylerDurden Jan 15 '24 at 12:16
  • https://law.stackexchange.com/questions/98843/how-long-can-one-be-held-in-custody-following-arrest-for-s12-terrorism-offences/98846?noredirect=1#comment230904_98846 – Lag Jan 15 '24 at 12:17