Case for detaining terror suspects beyond 28 days fails

Jul 30 2007 by Alan Weston, Liverpool Daily Post

THE Government has not made the case for detaining terrorist suspects without charge beyond 28 days, MPs and peers have concluded.

A report by the Joint Committee on Human Rights (JCHR) said it was sceptical of the need to increase pre-trial detention, in the absence of hard evidence that the current period has proved inadequate.

“A power with such a significant impact on liberty as the proposed power to detain without charge for more than 28 days should, in our view, be justified by clear evidence that the need for such a power already exists, not by precautionary arguments that such a need may arise at some time in the future,” the committee warned.

Prime Minister Gordon Brown has indicated the Government is considering extending the 28 day limit among a raft of measures to boost counter-terror efforts.

A forthcoming terror bill may also propose the use of intercept as evidence in criminal prosecutions, and alternatives to extending pre-charge detention such as post-charge questioning.

The committee recommended thorough scrutiny of the evidence on the 28 day limit and stronger judicial safeguards, including a full hearing before a judge when deciding if further pre-charge detention is needed.