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| Intercept evidence 'not viable' | Intercept evidence 'not viable' |
| (19 minutes later) | |
| The use of intercept evidence in criminal trials is not yet "legally or practically viable", the independent reviewer of terror laws has said. | The use of intercept evidence in criminal trials is not yet "legally or practically viable", the independent reviewer of terror laws has said. |
| Gordon Brown had wanted to allow the use of material from e-mails and phone taps in England and Wales as long as security was safeguarded. | Gordon Brown had wanted to allow the use of material from e-mails and phone taps in England and Wales as long as security was safeguarded. |
| But Lord Carlile said major problems had emerged in mock trials with the disclosure of evidence to the defence. | But Lord Carlile said major problems had emerged in mock trials with the disclosure of evidence to the defence. |
| Human rights organisation Liberty said it was "a very sad day" for justice. | Human rights organisation Liberty said it was "a very sad day" for justice. |
| Under current UK law, intercept material can be used only for intelligence purposes, but a possible system under which it could be used in court was devised in a Privy Council review and tested earlier this year. | Under current UK law, intercept material can be used only for intelligence purposes, but a possible system under which it could be used in court was devised in a Privy Council review and tested earlier this year. |
| However, the trials exposed fundamental problems with the amount of material required to be disclosed to the defence and the administrative burden that placed on police and security agencies. | However, the trials exposed fundamental problems with the amount of material required to be disclosed to the defence and the administrative burden that placed on police and security agencies. |
| Now a report due out on Thursday is expected to say that the move will be abandoned, at least in the short-term. | Now a report due out on Thursday is expected to say that the move will be abandoned, at least in the short-term. |
| "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. |
| Practical problems | Practical problems |
| Lord Carlile said the long-term aim was to introduce intercept evidence, but the circumstances were not yet right. | Lord Carlile said the long-term aim was to introduce intercept evidence, but the circumstances were not yet right. |
| "Before intercept evidence can be useful in court it has to be able to satisfy two broad tests," he said. "It has to be legally viable and it has to be practically viable. | |
| "I suspect that [the government] may well say that neither of those broad tests have been met." | |
| Clearly, sometimes you do have to protect sensitive material Shami Chakrabarti, Liberty | Clearly, sometimes you do have to protect sensitive material Shami Chakrabarti, Liberty |
| He said that under European human rights law all material intercepted during the course of an inquiry would have to be available at trial, possibly several years later. | He said that under European human rights law all material intercepted during the course of an inquiry would have to be available at trial, possibly several years later. |
| The practical means to electronically store that much data did not currently exist, he said. | The practical means to electronically store that much data did not currently exist, he said. |
| Lord Carlile also argued that in other countries in Europe and elsewhere where intercept evidence was used the legal system was much less "demanding". | Lord Carlile also argued that in other countries in Europe and elsewhere where intercept evidence was used the legal system was much less "demanding". |
| "That means that it can be entirely unknown to the suspect that intercepts have been examined and used on an evidential basis," the peer said. | "That means that it can be entirely unknown to the suspect that intercepts have been examined and used on an evidential basis," the peer said. |
| "That could not happen here because we have the highest standards of disclosure in the world." | "That could not happen here because we have the highest standards of disclosure in the world." |
| 'Nonsense' | 'Nonsense' |
| But Shami Chakrabarti, director of human rights organisation Liberty, said the argument about disclosure was "full of holes" and sensitive material was already regularly used in court. | But Shami Chakrabarti, director of human rights organisation Liberty, said the argument about disclosure was "full of holes" and sensitive material was already regularly used in court. |
| "Bugs, for example," she said. "Here's one particular piece of nonsense. | "Bugs, for example," she said. "Here's one particular piece of nonsense. |
| FROM THE TODAY PROGRAMME More from Today programme | |
| "If I put a bug in your bedroom and I hear the intimate conversations between you and your wife that conversation can be used in court. If it happens to be a telephone call between you and your wife, we cant. | "If I put a bug in your bedroom and I hear the intimate conversations between you and your wife that conversation can be used in court. If it happens to be a telephone call between you and your wife, we cant. |
| "Clearly, sometimes you do have to protect sensitive material. We have a very well developed system of public interest immunity - we protect informants that way and other technologies that way - and that could all apply in this case." | "Clearly, sometimes you do have to protect sensitive material. We have a very well developed system of public interest immunity - we protect informants that way and other technologies that way - and that could all apply in this case." |
| Lord Carlile said he hoped Thursday's report would represent a "work in progress and not a conclusion". | Lord Carlile said he hoped Thursday's report would represent a "work in progress and not a conclusion". |