Phone-tapping court ban 'archaic'

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An "archaic" ban on phone-tap and intercept evidence should be lifted to safeguard human rights, a report says.

Reform group Justice said suspected terrorists could then be prosecuted in criminal courts rather than be "detained indefinitely without trial".

Intercept evidence gathered in the UK, including e-mails, is "generally" not allowed to be used in court cases.

British security services are thought to oppose the move, fearing sensitive techniques would be revealed.

Eric Metcalfe, from Justice, said: "Intercept evidence is not a silver bullet but it is a bullet nonetheless.

"Rather than rely on control orders, the government should give prosecutors the ammunition they need to prosecute suspected terrorists in the criminal courts."

The government should give prosecutors the ammunition they need to prosecute suspected terrorists Eric Metcalfe Justice

The legal reform group's report states how "prosecutors in Australia, Canada, New Zealand, South Africa and the US regularly use intercept evidence to prosecute terrorists and organised criminals".

It also branded the ban in UK courts as "unnecessary and counter-productive".

"It prevents police and prosecutors from putting forward compelling evidence of guilt in many criminal cases," it claimed.

'Change damaging'

"Lifting the ban would help to mend the UK's damaged reputation for upholding the rule of law and protecting fundamental rights."

The report added "authorisation" to carry out intercepts should also be issued by a judge rather than the home secretary.

It also claimed lifting the ban was recommended by a committee of privy counsellors, chaired by Lord Newton, in December 2003.

Interception of communications commissioner Sir Swinton Thomas - who is responsible for overseeing the way police and the security services carry out intercepts - is said to oppose the ban being lifted.

He is thought to have stated in his annual report that "any amendment would, overall, be damaging to the work of the security, intelligence and law enforcement agencies".