BRITAIN BRACES FOR MARTIAL LAW

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There is much speculation about martial law being imposed in the event of post-Brexit civil disorder that could render Britain’s police impotent. Is there a template that can be drawn upon to offer insight as to what martial law or ‘a state of emergency’ means for ordinary citizens?

Martial Law, State of Emergency or The Special Powers Act gives authorities the power to limit public rallies and curb the media. Usually, under martial law curfews are introduced, civil rights are suspended and military law is often extended to include the general public. This could include curfews, confiscating property, bans on travel, or deployment of the army to control any disobedience that may happen.

Martial Law was imposed in mainland Britain during both world wars. Much more recently, Northern Ireland was subject to Martial Law dubbed State of Emergency. Many will be surprised that the following applied in the British Isles until Martial Law remained in place until 1972.

Arrest without warrant.

Imprison without charge or trial: deny recourse to habeas corpus or court of law.

Enter and search homes without warrant; with force, day or night.

Declare a curfew. Prohibit meetings, assemblies (including fairs and markets) and processions.

Permit punishment by flogging.

Deny claim to a trial by jury.

Arrest persons if desired to act as witnesses. Forcibly detain then and compel them, under penalties, even if answers incriminate them. Such a person is guilty of an offence if he refuses to be sworn or answer a question.

Do any act involving interference with the rights of private property.

Prevent access of relatives or legal advisers to a person imprisoned without trial.

Prohibit the holders of an inquest after a person’s death.

Arrest a person who ‘by word of mouth’ spreads false reports or makes false statements.

Prohibit the circulation of any newspaper.

Prohibit the possession of any film or gramophone record.

Arrest a person who does anything ‘calculated to be prejudicial to the preservation of peace and not specifically provided for in the regulations.

It is, in fact, the British Special Powers Act 1922 – 1972 Northern Ireland which was not repealed until 1972.

The Troubles involved numerous riots, mass protests and acts of civil disobedience, and led to segregation and the creation of no-go areas. More than 3,500 people were killed in the conflict, of which 52% were civilians, 32% were members of the British security forces, and 16% were members of paramilitary groups.

MICHAEL WALSH is a British born Irish journalist, author, and broadcaster. His 52 books include best-selling A LEOPARD IN LIVERPOOL,  EUROPE ARISE, THE RISE OF THE SUN WHEEL,  BELIEVING OF LIVERPOOL , THE ALL LIES INVASION, ALL I ASK IS A TALL SHIP.

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