The Counter-Terrorism Bill has now been published, with explanatory notes. Clause 22 and Schedule 1 are what everyone’s been waiting for: the proposed extension of pre-charge detention beyond 28 days.

The idea under the amendments brought in by Schedule 1 is that the normal maximum detention will remain at 28 days, but that the Home Secretary should be able to make an order allowing for longer detention if she receives a report from the DPP and a Chief Constable saying it’s needed. If she makes the order, the DPP can then apply for extended detention; the Home Secretary then has to refer the issue to Parliament: both houses must vote to back her order, or else extended detention powers cease being available after 30 days. And if either house votes her down within that time, the power to detain further also ceases. Any detention in the meantime remains lawful, of course.

Equally interesting though is clause 23, which permits post-charge questioning on the basis of a new PACE code of practice. It’s difficult to imagine, given this important new power, together with the threshold test for charging in terrorist cases, why the reserve power to extend pre-charge detention would ever be necessary. If I were a backbench Labour MP, I wouldn’t understand why longer pre-charge detention is needed against that background.

Incidentally, clause 23 is a not very pleasant application of Parliamentary Counsel’s new “gender neutral” drafting practice. I’m in favour of this change, although the Interpretation Act 1978 means it’s legally unnecessary; but I hope replacing “he” with “they” will not become standard. I’d have preferred “she or he”. Even simply calling everyone “she” would have worked, under the Interpretation Act.

2008-01-25T13:18:00+00:00Tags: , , |