Counter-terrorism policy and human rights: 42 days, second report of session 2007-08, report, together with formal minutes and appendicesThis report examines the Government's intention, as part of its counter-terrorism measures, to increase the pre-charge detention limit from 28 to 42 days. The Committee believes that there is a clear national consensus that the case for further change has not been made by the Government. In the Committee's view a truly consensual approach should lead the Government to accept that it has failed to build the necessary national consensus for this very significant interference with the right to liberty and withdraw the proposal; to proceed with it as detailed by the Home Office calls into question the Government's commitment to a consensual approach and raises questions of compatibility with human rights. The Committee does not accept that the Government has made the case for extending pre-charge detention beyond the current limit of 28 days, for the following reasons: i) it can find no clear evidence of likely need in the near future; ii) alternatives to extension do enough, in combination, to protect the public and are much more proportionate; iii) the proposed parliamentary mechanism would create a serious risk of prejudice to the fair trial of suspects; iv) the existing judicial safeguards for extensions even up to 28 days are inadequate. |
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