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Defence Regulation 18B

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Defence Regulation 18B

Defence Regulation 18B, often referred to as simply 18B, was one of the Defence Regulations used by the British Government during and before the Second World War. The complete name for the rule was Regulation 18B of the Defence (General) Regulations 1939. It allowed the internment without trial of people suspected of being actively opposed to the ongoing war with Germany during World War II such as separatist elements (for example Irish republicans suspected of involvement in the Sabotage Campaign) or were otherwise suspected of ideological Nazi-aligned sympathy (this included members of the British Union of Fascists and similar groups). The effect of 18B was to suspend the right of affected individuals to habeas corpus.

The Defence Regulations existed in draft form, constantly revised, throughout the years between the world wars. In early 1939 it was decided that since a war might break out without warning or without time to pass an Act of Parliament to bring in emergency regulations, the Regulations should be split into two codes. Code A would be needed immediately if war broke out and could be passed in peacetime, while Code B, containing more severe restrictions on civil liberties, would be brought in later. In order not to alert the public to the existence of Code B, Code A was simply numbered consecutively. Defence Regulation 18 concerned restrictions on movement of aircraft. It was originally intended that Code B would be imposed by an Order in Council, with retrospective indemnity being granted by an Act of Parliament should anyone dispute the actions of the authorities.

On 24 August 1939, after tensions rose over Poland, the House of Commons was recalled from its summer recess to pass the Emergency Powers (Defence) Act, which gave authority to implement the Defence Regulations. Code A was brought into effect that day and Code B followed on 1 September. Enemy aliens were detained using powers under the royal prerogative, while 18B was used mainly for British subjects.

The initial arrests were few and confined to those believed to be hard-core Nazis. By 14 September 1939 there were only 14 people interned under 18B. Several of these were German or Austrian by birth but had been naturalised as British subjects. The total would have been higher if William Joyce had not been tipped off by an MI5 officer, who appears to have been Maxwell Knight, about his impending internment, allowing him to flee to Germany.

In the Commons a group of Labour and Liberal MPs attempted to have Code B annulled on 31 October 1939, but were persuaded to withdraw their motion in favour of consultation that produced slightly amended wording.

The authorities dramatically revised their approach to the British far right in the late spring of 1940. The recent rapid seizure of power in Norway by Vidkun Quisling raised the possibility of a fifth column deposing the British government. The fall of the Low Countries and the invasion of France led to fear of invasion. Then on 20 May 1940 a raid on the home of Tyler Kent, a cypher clerk at the U.S. Embassy, revealed that Kent had stolen copies of thousands of telegrams, including those between Winston Churchill and Franklin Roosevelt. Kent was an associate of Archibald Maule Ramsay, an openly antisemitic MP. This opened the possibility that Ramsay might use parliamentary privilege to reveal the telegrams, which Churchill had not told the Cabinet about. It would also reveal Roosevelt was trying to help Churchill while proclaiming his support for neutrality in public. The Cabinet decided in favour of widespread detentions of the far right on 22 May. This required an amended version of the Regulation, known as 18B (1A).

One of the first to be arrested, in the early morning of 23 May, was Sir Oswald Mosley. Others arrested later included Admiral Sir Barry Domvile and Sir Reginald Goodall. Popular reaction was strongly in favour,[citation needed] and one reader wrote to The Times to note with satisfaction that news of Mosley's arrest had been carried in the fifth column of the page.[citation needed] By December 1940 there were more than a thousand detainees in custody.

A person subject to 18B would be arrested without warning. Some were in the forces and were arrested while on parade. They would be taken first to police cells and then to prison. The first detainees were sent to HM Prison Wandsworth for men and HM Prison Holloway for women, but the men were later moved to HM Prison Brixton. With the expansion in numbers in 1940 came a shortage of prison accommodation, so some derelict wings of prisons (including Stafford and Liverpool women's prison) were brought back into use to house internees.

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