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Review 'backs intercept evidence' Review 'backs intercept evidence'
(30 minutes later)
An independent review into the use of intercept evidence in court cases will conclude that it can and should be allowed, the BBC has learned.An independent review into the use of intercept evidence in court cases will conclude that it can and should be allowed, the BBC has learned.
The UK is one of a few countries that bans such evidence and the security services are opposed to its use.The UK is one of a few countries that bans such evidence and the security services are opposed to its use.
Gordon Brown will make a Commons statement on the issue on Wednesday.Gordon Brown will make a Commons statement on the issue on Wednesday.
BBC political editor Nick Robinson said the PM would make it clear that the UK was a step closer to using phone tap and other intercept evidence in court.BBC political editor Nick Robinson said the PM would make it clear that the UK was a step closer to using phone tap and other intercept evidence in court.
Last year the prime minister asked former civil servant Sir John Chilcot to look into whether intercept evidence - secretly intercepted private communications which can include telephone calls, faxes, email and post - should be used in court cases.
Complex cases
The government wants to extend the period for which terrorist suspects can be held without being charged, because they say increasingly complex cases means it takes longer to build a convincing case.
But critics of the extension proposals say allowing intercept evidence to be used would make it easier to secure convictions and most countries use it to good effect.
The use of intercept has proved vital to counter-terrorist efforts almost everywhere else in the world David DavisShadow home secretary
Mr Brown will announce Sir John's findings after prime minister's questions on Wednesday but the BBC understands they will back the use of intercept evidence in court.
Nick Robinson said Mr Brown will say he is minded to allow the evidence but only after steps are taken to meet the security services' objections.
The security services are concerned that surveillance techniques and their limitations would be revealed - and say they do not have sufficient staff to go through evidence and transcribe conversations to be submitted to court.
'More harm'
In evidence to the Parliamentary Intelligence and Security Committee published last week, representatives of the surveillance service GCHQ said: "So far we do not believe that anything proposed passes the test of doing more good than harm.
"And we are convinced it would lead to a net reduction in our national ability to deal with crime and terrorism."
That seems to me, if we do allow intercept evidence, to be unnecessary Chris HuhneLib Dems
But shadow home secretary David Davis said the review "sounds like a breakthrough."
"We have been calling for this for years. The use of intercept has proved vital to counter-terrorist efforts almost everywhere else in the world."
Lib Dem home affairs spokesman Chris Huhne told the BBC: "If we can use intercept evidence, that removes a very important argument for a further extension of the period in which people who are suspected of terrorist offences can be held without charge or trial.
"The government is currently attempting to extend that period from 28 days to 42 days. That seems to me, if we do allow intercept evidence, to be unnecessary."