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Pre-charge detention extension attacked

01 February 2008
Issue: 7306 / Categories: Legal News , Public , Procedure & practice , Human rights
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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.”

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. 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

Muckle LLP—Rachael Chapman

Muckle LLP—Rachael Chapman

Sports, education and charities practice welcomes senior associate

Ellisons—Carla Jones

Ellisons—Carla Jones

Partner and head of commercial litigation joins in Chelmsford

Freeths—Louise Mahon

Freeths—Louise Mahon

Firm strengthens Glasgow corporate practice with partner hire

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Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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