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Terror detention laws scrutinised Police may get post-charge powers
(about 2 hours later)
The length of time terror suspects can be detained without charge is to be debated by MPs as they continue their discussion of the Queen's Speech. Police could be given the power to question suspects after they have been charged, the home secretary has said.
Ministers have indicated they favour doubling the current limit to 56 days. MPs are preparing to debate plans to allow police to continue to question terror suspects after charge.
But the plans are likely to face opposition from Tories and Lib Dems, who say the move cannot be justified by the evidence, and some Labour MPs. But Jacqui Smith told the BBC the government was also looking at whether to bring in such a change "more widely" to deal with non-terror crimes.
They are more likely to welcome the proposals to allow terror suspects to be questioned after being charged. MPs will also debate whether to extend the current 28 day limit on detention of terror suspects without charge.
Constitutional reform and the funding of political parties are also expected to be on the agenda on Wednesday, but anti-terror laws are set to dominate. There have been widespread reports ministers want to double that limit but Ms Smith said the government had "not decided" whether to double the time suspects can be held without charge.
The Conservatives say a proposal to allow terrorism suspects to be questioned after they have been charged - included in the Counter-Terrorism Bill - came from them. 'Appropriate'
QUEEN'S SPEECH DEBATES Wed: Home Office and justiceThurs: Local government and communitiesMon 12: Foreign affairs and defenceTues 13: Health and EducationWeds 14: Economy and pensions The Conservatives and Liberal Democrats have both called for terror suspects to be questioned after being charged as an alternative to detention without charge.
But they said they wanted the bill to go further and allow the use of intercept evidence (such as from phone taps) in court - something also backed by the Lib Dems - and a "proper" border police force. But Ms Smith indicated the change could extend beyond anti-terror laws, when asked why it was only being proposed for terror suspects.
However, it is the time that terrorism suspects can be held for before they have to be charged or released that is proving most controversial. She told BBC Radio 4's Today programme: "Well, we're looking actually, as part of our review of the Police and Criminal Evidence Act, at whether or not it is more widely appropriate, so it's something that we're considering more widely on a slightly slower timescale."
QUEEN'S SPEECH DEBATES Weds: Home Office and justiceThurs: Local government and communitiesMon 12: Foreign affairs and defenceTues 13: Health and EducationWeds 14: Economy and pensions
She added that post-charge questioning was not "a panacea in itself, but it is an important condition for a bill that we believe will provide for investigators and for prosecutors more of the tools that they need to help them to counter the serious threat from terrorism".
Under the government proposal, juries could be told to view negatively any refusal by a suspect to co-operate after charge.
The Conservatives say the post-charge questioning proposal - included in the Counter-Terrorism Bill - came from them.
But they said they wanted to go further and allow the use of intercept evidence (such as from phone taps) in court - something also backed by the Lib Dems - and a "proper" border police force.
'Complexity'
Ministers have also indicated they favour doubling the length of time terror suspects can be held without charge from 28 to 56 days.
But questioned asked whether this would happen, Ms Smith said: "The answer is I don't know.
After charge, a suspect has very little to gain by commenting Ali Naseem BajwaBarrister
"What I believe, listening to those who've been involved in the complexity of these plots, is there is a strong chance, they say, in the future we'll need more than 28 days. There should be a maximum period. I don't... you know... we have not decided."
Any plans are likely to face opposition from Tories and Lib Dems, who say the move cannot be justified by the evidence, and some Labour MPs.
In 2005, government efforts to extend the limit to 90 days led to Tony Blair's first Commons defeat as prime minister, although it was later agreed to extend the detention period from 14 to 28 days.In 2005, government efforts to extend the limit to 90 days led to Tony Blair's first Commons defeat as prime minister, although it was later agreed to extend the detention period from 14 to 28 days.
Compromise sought HAVE YOUR SAY Surely the most important factor is the safety of the public Katy, UK class="" href="http://newsforums.bbc.co.uk/nol/thread.jspa?forumID=3791&edition=2&ttl=20071107085317">Send us your comments The government and police say the increasing complexity of terror plots means the time has come to look again at extending the limit.
The government and police say the increasing complexity of terror plots means the time has come to look again at extending the limit.
Lord Carlile, the government's anti-terrorism legislation reviewer, has said it is likely more than 28 days would be needed in the future in a small number of cases.Lord Carlile, the government's anti-terrorism legislation reviewer, has said it is likely more than 28 days would be needed in the future in a small number of cases.
Prime Minister Gordon Brown has said he wants a political consensus on the issue, but both the Conservatives and Liberal Democrats have said they will not support an extension unless there is clear evidence one is necessary. 'Proportionality'
Former chair of the joint intelligence committee Lady Pauline Neville-Jones, who speaks for the Conservatives on national security, said: "It's not a question of being soft on terrorism. It's a question of real proportionality. Prime Minister Gordon Brown has said he wants a consensus on the issue, but both the Conservatives and Liberal Democrats have said they will not support an extension unless there is clear evidence one is necessary.
Former joint intelligence committee chairman Lady Pauline Neville-Jones, who speaks for the Conservatives on national security, said: "It's not a question of being soft on terrorism. It's a question of real proportionality.
He has already been labelled a terrorist. He might as well save it for the jury Ali Naseem Bajwa, barrister
"We're the only democracy in the whole world that has gone as far as a month."We're the only democracy in the whole world that has gone as far as a month.
"Do we really want to go for a generation, or two generations possibly, because everybody understands this is going to be a very long haul against terrorism, extending the periods of detention relating to the whole of the population? I would hope not.""Do we really want to go for a generation, or two generations possibly, because everybody understands this is going to be a very long haul against terrorism, extending the periods of detention relating to the whole of the population? I would hope not."
After charge a suspect has very little to gain by commenting Ali Naseem Bajwa, barrister
In a bid for compromise, ministers have promised extra judicial and parliamentary oversight of any extension and have also signalled support for the idea of post-charge questioning.In a bid for compromise, ministers have promised extra judicial and parliamentary oversight of any extension and have also signalled support for the idea of post-charge questioning.
But barrister Ali Naseem Bajwa, who specialises in terror charges, told BBC Radio 4's Today programme he did not believe the move would be effective. But barrister Ali Naseem Bajwa, who specialises in terror charges, told Today he did not believe the move would be effective.
"After charge, a suspect has very little to gain by commenting," he said."After charge, a suspect has very little to gain by commenting," he said.
"He has already been labelled a terrorist. He might as well save it for the jury.""He has already been labelled a terrorist. He might as well save it for the jury."
Under the government proposal, juries could be told to view negatively any refusal by a suspect to co-operate after charge.
Other proposals
Among policies outlined in Tuesday's Queen's Speech - Mr Brown's first as prime minister - were moves to allow it to be made compulsory for all 16 to 18 year olds in England to be in education or training, from 2015.
The government also signalled moves to extend the right to request flexible working, currently available to parents of children aged under six, to parents of older children.
Plans for a new offence of inciting hatred against gay, lesbian and transgender people will also be extended to cover disabled people.
Other proposals include a Climate Change Bill aimed at reducing the UK's carbon dioxide emissions up to 2050 and beyond, and a Housing and Regeneration Bill which creates a new homes agency to ensure 3m extra homes are built in England by 2020.