Saturday, July 25, 2020

Defence Regulations

Defence Regulations were emergency regulations passed between the lead-up and end of WW2, providing emergency powers to prosecute the war. Two Acts of Parliament were passed as enabling legislation to allow the Defence Regulations to be promulgated. 1) The Emergency Powers (Defence) Act 1939 was passed immediately before war was declared. 2) The Emergency Powers (Defence) Act 1940 was passed in the aftermath of the German attack on France in 1940. The 1940 Act allowed Defence Regulations to be made on matters such as industrial conscription.

The main Defence Regulations were the Defence (General) Regulations 1939, which were amended at various points throughout the war. Other Defence Regulations covered narrower fields of life. These included Defence Regulation 18B, which provided a framework for internment. 18B allowed the internment of people suspected of being Nazi sympathisers. The effect of 18B was to suspend the right of affected individuals to habeas corpus.

The Defence Regulations were Orders in Council and could amend any primary or secondary legislation within the limits of the enabling Acts to allow the effective prosecution of the war.

Originally the regulations did not create any capital offences, since the law of treason was thought to be sufficient. Defence Regulation 2A provided that "If, with intent to assist the enemy, any person does any act which is likely to assist the enemy or to prejudice the public safety, the defence of the realm or the efficient prosecution of the war, he shall be liable to penal servitude for life."

However, in 1940 amendments to the regulations created two capital offences: "forcing safeguards" (breaking through roadblocks etc.) under regulation 1B, and looting under regulation 38A. A third new capital offence, called treachery, was created soon afterwards by the Treachery Act 1940.

Since the emergency conditions created by the war persisted after the conflict was over, the last of the Defence Regulations, mainly those on food rationing, were not abolished until the early 1950s.

https://en.wikipedia.org/wiki/Defence_Regulations .
https://en.wikipedia.org/wiki/Defence_Regulation_18B .
https://en.wikipedia.org/wiki/Capital_punishment_in_the_United_Kingdom .

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