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01 February 2008
Issue: 7306 / Categories: Legal News , Public , Procedure & practice , Human rights
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Pre-charge detention extension attacked

Measures in the Counter-Terrorism Bill to further extend pre-charge detention in terrorism cases lack safeguards, human rights groups claim.

Measures in the Counter-Terrorism Bill to further extend pre-charge detention in terrorism cases lack safeguards, human rights groups claim.

The Bill would allow the home secretary to extend pre-charge detention for up to 42 days in terrorism cases, subject to a prior recommendation by the director of public prosecutions. However, Eric Metcalfe, JUSTICE’s director of human rights policy, says that although the Bill contains provision for subsequent debate by Parliament, there is nothing to prevent the home secretary extending the maximum period of detention to 42 days without prior Parliamentary or judicial approval.

Metcalfe says: “Scrutiny is no safeguard when there’s no evidence to scrutinise. Nor can scrutiny prevent the injustice of being held without evidence for 42 days. Phoney safeguards and a lack of evidence are no way to fight terrorism.”

Liberty has called for alternatives to the extension of precharge detention, such as the use of post-charge questioning and allowing phone-tap evidence to be used in criminal prosecutions. Liberty director Shami Chakrabarti says: “The government is right to abandon the divisive rhetoric of the ‘War on Terror’, but it must now abandon the counterproductive policies that went with it. Despite ministerial promises of exceptional circumstances and so-called safeguards, the reality of this Bill is an on-off button for six weeks’ detention without charge.”

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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