Britain - Plans To Hold Terror Suspects For 42 Days Before Being Charged

January 23, 2008

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The government is pressing ahead with plans to allow the police to hold terrorism suspects for 42 days before they are charged.

The Counter Terrorism Bill, due to be published later, will propose to extend the limit beyond the current 28 days.

Senior police officers support the move but it faces opposition from Tory, Lib Dem and some Labour MPs.

Attempts to extend the limit to 90 days in 2005 ended in then prime minister Tony Blair’s first Commons defeat.

Home Secretary Jacqui Smith, mindful of a potential backbench rebellion by Labour MPs, has been meeting them to press her case.

Complex plots

Prime Minister Gordon Brown has said he believes all parties accept there could be circumstances under which it is necessary to hold someone beyond 28 days - such as the complexities of investigating a multiple terrorist plot.

The government says it is better to act now in a considered way rather than find itself forced to respond to a future emergency

You could have someone locked up for that longer period of time and Parliament would only be able to decide on whether that was justified or not after that longer period of detention has already expired
Nick Clegg
Lib Dems

Q&A: Anti-terror legislation

But the Conservatives and civil rights group Liberty have argued that current powers to call a national emergency are sufficient when faced with a case that requires going beyond 28 days.

And Lib Dem leader Nick Clegg has said his party will join forces with the Tories to defeat the move in the Lords, if they do not manage to overcome Labour’s majority in the Commons.

The Commons Home Affairs committee, and the Joint Committee on Human Rights (JCHR) comprising MPs and peers, have both come out against extending the terror limit.

Parliament notified

The JCHR said a pledge to allow the Commons and the Lords to approve any extension within 30 days would be “virtually useless as a safeguard”.

The delay would mean a suspect could end up being held for 42 days anyway, even if Parliament eventually voted against it.

Mr Clegg added: “When you look at the detail…it leads to the absurd position that you could have someone locked up for that longer period of time and Parliament would only be able to decide on whether that was justified or not after that longer period of detention has already expired.”

An extension to 42 days would first have to be requested by a chief constable and a senior prosecutor - and would then be authorised by the home secretary.

Parliament would be formally notified, but in practical terms any individual could be held for 42 days subject to approval of a senior judge.

The Association of Chief Police Officers has pushed for an extension - saying more flexibility is needed.

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