In the Highest Degree Odious: Detention Without Trial in Wartime Britain

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Oxford University Press, 1994 - History - 453 pages
During the Second World War, just under two thousand British citizens were detained without charge, trial, or term set, under Regulation 18B of the wartime Defence Regulations. Most of these detentions took place in the summer of 1940, soon after Winston Churchill became Prime Minister, when belief in the existence of a dangerous Fifth Column was widespread. Churchill, at first an enthusiast for vigorous use of the powers of executive detention, later came to lament the use of a power which was, in his words, in the highest degree odious'.
This book provides the first comprehensive study of Regulation 18B and its precursor in the First World War, Regulation 14B. Based on extensive use of primary sources, it describes the complex history of wartime executive detention: the purposes which it served, the administrative procedures and safeguards employed, the conflicts between the Home Office and the Security Service which surrounded its use, the part played by individuals, by Parliament, and by the courts in restraining abuse of executive power, and the effect of detention upon the lives of individuals concerned, very few of whom constituted any threat to national security. Much of what was done was kept secret at the time, and even today the authorities continue to refuse access to many of the papers which have escaped deliberate destruction. This study is the first to attempt to penetrate the veil of secrecy and tell the story of the gravest invasion of civil liberty which has occurred in Britain this century.
 

Contents

The Invention of Executive Detention I
1
Regulation 14B and its Progeny
15
Emergency Planning between the Wars
34
The Commons Revolt
51
Detention during the Phoney War
70
The Defeat of Liberalism
95
Fascism and the Fears of 1940
115
The British Fifth Column
146
The Courts in Confusion
316
The Web of Suspicion
333
The Leading Cases in Context
353
The Declining Years of Regulation 18B
381
Death and Post Mortem
408
The Principal Texts
424
Note on Sources
427
Spy Trials
429

The Great Incarceration Begins
172
It Might Have Happened to You
200
The Experience of Detention
230
The Bureaucracy under Stress
258
The Integrity of the Advisory Committee
274
The Early Challenges in the Courts
297
Tyler Kent and Anna Wolkoff
431
Mosleys Reasons for Order
434
Bibliography
436
Index
443
Copyright

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About the author (1994)

A. W. Brian Simpson is at University of Michigan.

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