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Police may get post-charge powers Police may get post-charge powers
(about 4 hours later)
Police could be given the power to question suspects after they have been charged, the home secretary has said.Police could be given the power to question suspects after they have been charged, the home secretary has said.
MPs are preparing to debate plans to allow police to continue to question terror suspects after charge.MPs are preparing to debate plans to allow police to continue to question terror suspects after charge.
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.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.
MPs will also debate whether to extend the current 28-day limit on detention of terror suspects without charge.MPs will also debate whether to extend the current 28-day limit on detention of terror suspects without charge.
There have been widespread reports ministers want to double that limit but Ms Smith said the government had "not decided" on a particular time limit. There have been reports that ministers want to double that limit but Ms Smith said the government had "not decided".
'Appropriate''Appropriate'
The Conservatives and Liberal Democrats have both called for terror suspects to be questioned after being charged as an alternative to detention without charge.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 Ms Smith indicated the change could extend beyond anti-terror laws, when asked why it was only being proposed for terror suspects. But Ms Smith indicated the change could extend beyond anti-terror laws.
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."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 pensionsQUEEN'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".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".
Shami Chakrabati, director of the human rights group Liberty, said the power could be justified for dealing with terrorists but that it was impractical for those suspected of other crimes.
She added that post-charge questioning should only apply in terrorist cases if there was a review by a high court judge, which would be impractical for more routine criminal cases.
Under the government proposal, juries could be told to view negatively any refusal by a suspect to co-operate after charge.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. The Conservative Party says it came up with the post-charge questioning proposal, which is in the Counter-Terrorism Bill.
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. It is calling for 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' 'Labelled'
But barrister Ali Naseem Bajwa said: "After charge, a suspect has very little to gain by commenting.
"He has already been labelled a terrorist. He might as well save it for the jury."
Ministers have also indicated they favour doubling the length of time terror suspects can be held without charge from 28 to 56 days.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. 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
But asked whether this would happen, Ms Smith said: "The answer is I don't know.
"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.""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."
After charge, a suspect has very little to gain by commenting Ali Naseem BajwaBarrister
In a later briefing outside the Home Office, Ms Smith said such powers would only be used in "exceptional circumstances".In a later briefing outside the Home Office, Ms Smith said such powers would only be used in "exceptional circumstances".
She added: "But we will take the necessary action to ensure that police and investigators have the powers that they need."She added: "But we will take the necessary action to ensure that police and investigators have the powers that they need."
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. The Tories, Lib Dems and some Labour MPs say extending detention without charge cannot be justified by the evidence.
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 raise the limit to 90 days were defeated in the Commons, although it was later agreed to double the limit from 14 to 28 days.
The government and police say the increasing complexity of terror plots means the time has come to look again at extending the limit.
'Proportionality''Proportionality'
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 complex cases.
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. Prime Minister Gordon Brown has said he wants a cross-party consensus on the issue.
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. Lady Pauline Neville-Jones, the Conservative national security spokeswoman, said: "It's not a question of being soft on terrorism. It's a question of real proportionality."
HAVE YOUR SAY Surely the most important factor is the safety of the public Katy, UK Send us your comments
"We're the only democracy in the whole world that has gone as far as a month."
Liberal Democrat home affairs spokesman Nick Clegg said the government was concerned with "appearing tough" and there was "no compelling evidence whatsoever" for extending the detention limit.Liberal Democrat home affairs spokesman Nick Clegg said the government was concerned with "appearing tough" and there was "no compelling evidence whatsoever" for extending the detention limit.
He said ministers wanted to "reopen this whole Pandora's box" and there was a danger of giving "succour to the extremists". In a bid for compromise, ministers have promised extra judicial and parliamentary oversight of any extension.
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, said: "After charge, a suspect has very little to gain by commenting.
"He has already been labelled a terrorist. He might as well save it for the jury."