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| Version 6 | Version 7 |
|---|---|
| Police may get post-charge powers | Police may get post-charge powers |
| (about 1 hour 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 reports that ministers want to double that limit but Ms Smith said the government had "not decided". | 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. | 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 pensions | 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". | 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. | 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. | 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 Conservative Party says it came up with the post-charge questioning proposal, which is in the Counter-Terrorism Bill. | The Conservative Party says it came up with the post-charge questioning proposal, which is in the Counter-Terrorism Bill. |
| 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. | 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. |
| 'Labelled' | 'Labelled' |
| But barrister Ali Naseem Bajwa said: "After charge, a suspect has very little to gain by commenting. | 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." | "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. |
| HAVE YOUR SAY Surely the most important factor is the safety of the public Katy, UK Send us your comments | HAVE YOUR SAY Surely the most important factor is the safety of the public Katy, UK Send us your comments |
| But asked whether this would happen, Ms Smith said: "The answer is I don't know. | 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." |
| 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." |
| The Tories, Lib Dems and some Labour MPs say extending detention without charge cannot be justified by the evidence. | The Tories, Lib Dems and some Labour MPs say extending detention without charge cannot be justified by the evidence. |
| 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. | 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. |
| '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 complex 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 called for cross-party consensus on the issue. | |
| Shadow home secretary David Davis told BBC News 24 it was "clear that 28 days was easily enough time for the evidence to be gathered and for people to be charged". | |
| Extending the detention limit carried "the risk of being like internment in Northern Ireland... antagonising whole communities". | |
| 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. |
| 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. |