About us
See other news storiesHome Sec proposes extending pre-charge detention
6 December 2007
Home Secretary Jacqui Smith has announced proposals for extending the current limit on the detention of terrorist suspects before they've been charged.
The Home Secretary wrote to the Home Affairs Select Committee to:
- set out the government's propsals for extending pre-charge detention (new window)
- a report on the proposals for the counter-terrorism bill by the independent reviewer of terrorism legislation (new window), Lord Carlile of Berriew QC
- a paper summarising the results of the public consultation on the proposals for the counter-terrorism bill (new window).
Jacqui Smith’s letter to the chair of the Home Affairs Select Committee:
'As announced on the 7 June, we have completed an extensive consultation on the measures proposed for the counter terrorism bill. This consultation included the options for pre-charge detention in terrorist cases which were published by the Home Office on 25 July 2007.
'We are today publishing two documents arising from the consultation. The first is a report on the proposed measures by Lord Carlile of Berriew QC, the independent reviewer of terrorist legislation. The second is a summary of the responses to the public consultation.
'We have said from the outset that we will do things differently with this bill and the consultation we have undertaken has been warmly received. A general consensus has emerged on most of the proposals put forward for the bill.
'However, as these documents show, the question of whether we should extend the current limit on the detention of terrorist suspects prior to charge has given rise to considerable debate. On one side the police have made the case that in their professional judgement it is likely that, at some point in the near future, the situation will arise in a small number of exceptional cases where there will be a need to hold terrorist suspects for more than the current limit of 28 days. The independent reviewer of terrorism legislation, Lord Carlile of Berriew, has confirmed he shares this judgement. On the other side, concerns have been expressed by community groups and others that there has not yet been any firm evidence to support an extension to pre-charge detention and that any moves to do so could have a detrimental effect on community support for anti-terrorism legislation.
'The Government has a duty to listen to both sides of this argument. The first priority of any Government must be to ensure the protection of its citizens. This means considering carefully the case made by the police for additional powers to detain terrorist suspects. But it also means listening to the views of community groups and others about the impact that such further powers may have on how people, particularly in minority communities, perceive the Government’s work on counter terrorism.
'All of us can agree that, if a higher limit than 28 days is needed because of exceptional operational reasons then such powers must not be used rashly or routinely. The purpose of this paper is therefore to set out the case for making it possible to go beyond 28 days, but only where this is exceptionally required and then only for a strictly limited period of time. Such powers should only be used where there is a clear operational need related to a particular operation or investigation and should be supported by strong parliamentary and judicial safeguards. I believe this approach is significantly different from the one originally proposed by Government and that it balances the need to protect the public by extending the limit when and where there is a compelling operational need against any risk of introducing blanket powers. I believe our new proposal addresses many of the concerns that have been raised during the consultation but still enables the police to have the powers they need to protect the public, when they need them.
'As the Prime Minister said in his statement to Parliament on 14 November, we now need to discuss pre-charge detention further – both inside Parliament and with the wider community – with the aim of achieving a consensus on the way forward.
'This document is the next stage in that process. Over the next few weeks, my department will be discussing the new model proposed both inside Government, with the opposition parties, and with community and civil liberty organisations.
'I believe all of us, from all sides of Parliament and in all communities, want to achieve the strongest level of public protection and to secure the successful prosecution of those who seek to terrorise us. But we also want to do this in a way that is compatible with human rights and which protects the hard won liberties of individuals. It is important that we all engage seriously in the debate about the detention of terrorist suspects before charge and that we strive to obtain that balance.
Jacqui Smith MP '
