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Police may get post-charge powers Smith warned of 'terror battle'
(about 8 hours later)
Police could be given the power to question suspects after they have been charged, the home secretary has said. Home Secretary Jacqui Smith has been warned any plans to extend the time police can hold terror suspects without charge will be fiercely opposed.
MPs are preparing to debate plans to allow police to continue to question terror suspects after charge. Tories, Lib Dems and some Labour MPs plan to try to block a move to raise the 28-day pre-charge limit, saying there is no evidence change is needed.
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. Ms Smith told MPs change was needed but it was up to them to set the new limit.
MPs will also debate whether to extend the current 28-day limit on detention of terror suspects without charge. She added plans to let police question suspects after they have been charged might not be limited to terror cases.
There have been reports that ministers want to double that limit but Ms Smith said the government had "not decided". She also told MPs she believed there could be agreement on a package of further measures to tackle terrorism.
'Appropriate' 'Wrong in principle'
The Conservatives and Liberal Democrats have both called for terror suspects to be questioned after being charged as an alternative to detention without charge. These would include ensuring police and intelligence agencies make full use of information and data, strengthening prosecutions against terror suspects by allowing post-charge questioning and the monitoring of convicted terrorists after release from jail.
But Ms Smith indicated the change could extend beyond anti-terror laws. She has also suggested that post-charge questioning could be used "more widely" to deal with non-terror crimes.
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
In the Commons, she said: "I believe that the time is now right to consider the extension of pre-charge detention, that period of time available to police officers to investigate and to gather the evidence and to question in order to be able to charge beyond the current limit of 28 days.
"We are seeking to gain consensus. I view this very much as an argument whether and how we provide the ability to extend beyond 28 days, not whether or not 56 or 90 or whatever the maximum day is, is appropriate, although I do think Parliament should set that final figure."
Shadow home secretary David Davis said: "We do not accept the need to extend detention without charge, based either on the evidence of operations to date or the most horrendous hypothetical scenarios dreamt up by ministers."
Liberal Democrat home affairs spokesman Nick Clegg said extending the period was "divisive, wrong in practice and wrong in principle".
Post-charge questioning
Labour veteran David Winnick said: "If we are to go beyond 28 days, the House should have compelling evidence that it's absolutely essential."
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.
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The Conservatives and Liberal Democrats have both called for terror suspects to be questioned after being charged as an alternative to detention without charge.
Earlier Ms Smith told BBC Radio 4's Today programme the government was looking at whether this change could extend beyond anti-terror laws.
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. Intercept evidence
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.
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'
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. The Conservative Party, which says it came up with the post-charge questioning proposal, is also 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.
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.
"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".
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.
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'
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.
In a bid for compromise, ministers have promised extra judicial and parliamentary oversight of any extension.