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Defence Regulation 18B facts for kids

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Defence Regulation 18B, often called just 18B, was an important rule used by the British Government during and before the Second World War. Its full name was Regulation 18B of the Defence (General) Regulations 1939. This rule allowed the government to hold people without a trial if they were suspected of working against the war effort with Germany. This included people like Irish republicans who might have been involved in sabotage, or those who supported Nazi ideas. Members of groups like the British Union of Fascists were also targeted. One big effect of 18B was that it took away a person's right to habeas corpus, which means the right to challenge why they were being held.

Getting Ready for War

The idea for these Defence Regulations had been around for many years, even before the Second World War. In early 1939, leaders decided that a war might start very suddenly. There might not be enough time to pass new laws in Parliament. So, they split the rules into two groups.

The first group, Code A, would be needed right away if war began. It could be passed while the country was still at peace. The second group, Code B, had much stricter rules about people's freedoms. This code would be brought in later. To keep Code B a secret from the public, Code A was simply numbered in order. For example, Defence Regulation 18 was about controlling aircraft movement.

On August 24, 1939, as tensions grew over Poland, the House of Commons met to pass a special law. This law, called the Emergency Powers (Defence) Act 1939, gave the government the power to use the Defence Regulations. Code A started that very day. Code B followed on September 1st. People from enemy countries were held using old royal powers. But 18B was mostly used for British citizens.

18B Starts Being Used

At first, only a few people were arrested under 18B. These were mostly people thought to be strong supporters of Nazi ideas. By September 14, 1939, only 14 people were held under 18B. Some of these people were born in Germany or Austria but had become British citizens. The number would have been higher, but William Joyce was warned by a secret agent. This allowed him to escape to Germany before he could be arrested.

In the House of Commons, some Members of Parliament (MPs) from the Labour and Liberal parties tried to stop Code B. This happened on October 31, 1939. However, they were convinced to drop their challenge. Instead, they agreed to talk with the government, which led to some small changes in the rule's wording.

More Arrests in May 1940

In the spring of 1940, the government changed how it dealt with extreme right-wing groups in Britain. This was because of several big events.

First, Vidkun Quisling had quickly helped the Nazis take over Norway. This made the British government worry about a "fifth column" – a secret group inside the country that might help an enemy invasion. Then, the Low Countries (like Belgium and the Netherlands) fell, and France was invaded. This made people fear that Britain would be next.

On May 20, 1940, something else happened. A raid on the home of Tyler Kent, who worked at the U.S. Embassy, showed that Kent had secretly copied thousands of important messages. These included private talks between Winston Churchill and Franklin Roosevelt. Kent was friends with Archibald Maule Ramsay, an MP with extreme views. The government worried that Ramsay might use his position as an MP to reveal these secret messages. This would show that Roosevelt was trying to help Churchill while publicly saying he was neutral.

Because of these worries, the government decided on May 22 to arrest many people from extreme right-wing groups. This needed a new version of the rule, called 18B (1A).

One of the first people arrested, early on May 23, was Sir Oswald Mosley. Others arrested later included Admiral Sir Barry Domvile. Most people in Britain strongly supported these arrests. By December 1940, over a thousand people were being held.

Life for 18B Detainees

If someone was held under 18B, they were arrested without warning. Some were even arrested while serving in the military. They were first taken to police cells, then to prison. At first, men were sent to HM Prison Wandsworth and women to HM Prison Holloway. Later, the men were moved to HM Prison Brixton.

As more people were arrested in 1940, there wasn't enough space in prisons. So, some old, unused parts of prisons were reopened to hold these people.

Eventually, the government decided to hold the detainees in special camps. One camp was set up at Ascot Racecourse, using the winter homes of Bertram Mills's circus. From March 1941, unfinished council housing at Huyton near Liverpool was also used. Finally, the government solved the space problem by setting up camps on the Isle of Man. A new law, the Isle of Man (Detention) Act 1941, was needed to move them there. Men stayed at Peveril Camp in Peel, and women at Rushen Camp in Port Erin. A small number of important leaders stayed in Wandsworth Prison for extra security. In a few cases, husbands and wives who were both held were later allowed to live together.

Life in these camps was quite relaxed. People could mix freely, and there were some fun activities, even trips to cinemas.

Challenging the Detention

There were two main reasons someone could be held under 18B: for "acts harmful to public safety" or for "having enemy connections." A person who was held could try to challenge their detention. They could appeal to a special committee led by Norman Birkett. This committee would be given reasons why the person was held, prepared by the secret service (MI5). However, the person being held was not allowed to see these reasons.

The committee could suggest three things: keep the person held, release them with certain rules, or release them completely. The committee's suggestions went to the Home Secretary, who was the government minister in charge. The Home Secretary did not have to follow the committee's advice. MI5 often tried to convince him not to release people.

Some people tried to take their case to court. They argued for habeas corpus, but the courts usually said no. The courts believed the Home Secretary had made his decision based on secret reports and had good reasons to sign the arrest orders. The most famous case was Liversidge v Anderson. This case was brought by Robert W. Liversidge, a successful Jewish businessman. He was an unusual person to be held under 18B. He sued for damages, saying he was wrongly imprisoned. The court eventually decided that if a law says a minister "has reasonable cause to believe" something before acting, a court can check if the minister truly believed it. But the court could not check if the reasons for that belief were actually true. Lord Atkin disagreed with this decision.

Archibald Maule Ramsay, the only MP held under 18B, had his case sent to a special committee in the House of Commons. This committee had to decide if holding an MP was against the special rights of Parliament. The committee decided it was not.

Ending 18B Internments

After the Battle of Britain, the fear of an immediate invasion lessened. So, the number of people held under 18B slowly went down. Those who were considered less of a risk were released. From a high of about 1,000 people in 1940, fewer than 500 were held by summer 1943. Oswald Mosley, who was said to be ill, was released on November 23, 1943. Many people were very unhappy about this.

The invasion of France on D-Day further reduced the pressure. By the end of 1944, only 65 people were still held under Regulation 18B. Most of these were people born in Germany who had become British citizens. By V-E Day, there was only one person left. Regulation 18B stopped being used a few days later.

See also

  • Category:People detained under Defence Regulation 18B
  • United States Executive Order 9066, an order for holding U.S. citizens of Japanese descent
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