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Intercept problems in mock trials Intercept problems in mock trials
(about 5 hours later)
Fundamental problems related to the use of intercept evidence in criminal trials have emerged in tests, the government is expected to announce. Major problems over using intercept evidence in criminal trials in England and Wales have emerged in tests, the government is expected to announce.
PM Gordon Brown had expressed a commitment to intercept evidence as long as security was safeguarded. Gordon Brown had wanted to allow the use of material obtained from phone taps and intercepted e-mails in trials as long as security was safeguarded.
But mock trials using real terrorism cases have highlighted administrative problems and concerns operational techniques might be put at risk. But mock trials using real terror cases raised administrative issues and fears policing methods could be compromised.
There is now no prospect of legislation before the next general election.There is now no prospect of legislation before the next general election.
Under current UK law, material obtained from tapping telephones and intercepting e-mails can be used only for intelligence purposes.Under current UK law, material obtained from tapping telephones and intercepting e-mails can be used only for intelligence purposes.
A possible system under which it could be used in England and Wales courts was devised in a Privy Council review, and tested earlier this year in mock trials.A possible system under which it could be used in England and Wales courts was devised in a Privy Council review, and tested earlier this year in mock trials.
But the trials exposed fundamental problems over the amount of material that had to be disclosed to the defence and the administrative burden that placed on police and security agencies, as well as concerns over the risk to operational techniques.But the trials exposed fundamental problems over the amount of material that had to be disclosed to the defence and the administrative burden that placed on police and security agencies, as well as concerns over the risk to operational techniques.
"The difficulties are regarded as so serious that there's no prospect of legislation before the next election," said BBC home affairs correspondent Danny Shaw."The difficulties are regarded as so serious that there's no prospect of legislation before the next election," said BBC home affairs correspondent Danny Shaw.
"Ministers will now call for further work to test other ways to make intercept evidence available," he said."Ministers will now call for further work to test other ways to make intercept evidence available," he said.